PORT ANGELES — The state Supreme Court has denied further review of Bobby Jerrel Smith II’s 2013 murder conviction, the Clallam County Prosecuting Attorney’s Office announced.
Smith, now 63, was convicted in Clallam County Superior Court of shooting his next door neighbor, Robert Fowler, to death at his Port Angeles residence in June 2011.
Fowler was 63.
The state Court of Appeals affirmed Smith’s conviction last December.
The state Supreme Court on Tuesday issued an order denying Smith’s petition for review, which ends the direct appeal process, Clallam County Deputy Prosecuting Attorney Jesse Espinoza said late Wednesday.
Smith is serving a 10-year, 10-month sentence at Stafford Creek Corrections Center near Aberdeen.
Self-defense
Smith said he shot Fowler multiple times in self-defense. Smith said he was protecting himself and his daughter.
He testified at a jury trial that Fowler had barged into his living room and demanded money. Fowler then grabbed a large hunting knife from a coffee table and threatened to cut Smith’s throat, according to Smith’s testimony.
Smith told Port Angeles police he shot Fowler as he headed upstairs toward his daughter’s bedroom and continued shooting until Fowler stopped moving on his living room floor, court papers said.
Smith’s daughter told police she heard two men arguing, followed by gunshots.
She said she heard someone say, “I’m sorry, I’m sorry, please don’t,” during the shooting, according to the affidavit for probable cause.
Forensic experts testified that the second or third shot would have rendered Fowler’s legs paralyzed and would likely have caused him to be unconscious.
An autopsy showed that Fowler was incapacitated by gunshot wounds before a fatal shot to the brain stem from close range.
Smith argued on appeal that the court violated his constitutional rights when it allowed the state to redact portions of a recorded police interview, that the court should not have admitted a detective’s opinion and that the court abused its discretion by refusing to impose a sentence below the standard range.
In a Dec. 8 opinion, the state Court of Appeals held that redacted portions of Smith’s police interview were harmless to the defense, that the trial court properly admitted a detective’s statements of opinion and that retired Clallam County Superior Court Judge George L. Wood exercised proper discretion at sentencing.
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Reporter Rob Ollikainen can be reached at 360-452-2345, ext. 56450, or at rollikainen@peninsuladailynews.com.
