Alfred Torres stands in the lobby on Friday after hearing the judges decision to uphold Ronald Smith’s 70-year prison sentence. Smith was charged for the murder of Kenneth Thomas and assault on Torres in 2001, but due to appeals the case has been retried twice. (Jonson Kuhn / Juneau Empire)

Alfred Torres stands in the lobby on Friday after hearing the judges decision to uphold Ronald Smith’s 70-year prison sentence. Smith was charged for the murder of Kenneth Thomas and assault on Torres in 2001, but due to appeals the case has been retried twice. (Jonson Kuhn / Juneau Empire)

Sentencing latest in complicated killing case

“What I’ve always wanted was for him to apologize to my family, and he did that.”

Alfred Torres said it was a small comfort to hear the man convicted of second-degree murder in the killing of his brother offer an apology in court.

Ronald Smith, 57, appeared Friday before Superior Court Justice Jude Pate for a sentencing hearing, during which Smith, who following multiple trials was convicted of second-degree murder, apologized to the family of Kenneth Thomas.

“What I’ve always wanted was for him to apologize to my family, and he did that,” Torres said. “I got to hear him speak, hear what he had to say, but ultimately, I do think this (sentencing) was fair. I could say that I wish he had a life sentence but everybody deserves a second chance, and I believe he deserves a second chance. When he does go back into society, I hope he just betters himself and looks back at this day that happened and doesn’t let anything like it ever happen again.”

Smith, who was sentenced in 2006 to 85 years in prison, is now sentenced to 70 years following the hearing. Pate did not reduce Smith’s sentence for second-degree murder, but did determine that — as highlighted by an appeal — Smith’s sentences for assault and robbery should have been combined rather than separate sentences, which reduced the overall sentence by 15 years.

The sentencing change is the latest development in two decades of legal proceedings related to the killing.

According to court documents, on the morning of Jan. 25, 2000, Smith and Rey Soto, armed with a baseball bat and shotgun, attempted to rob Torres and Thomas who were at home at the time watching a movie. The robbery turned violent and resulted in the death of Thomas and lifelong injuries for Torres. Smith and Soto, who fled the scene with approximately $30 and six ounces of marijuana, according to court documents, were later apprehended by police based on witness testimony.

On April 19, 2001, a jury convicted Smith and Soto of second-degree murder, first-degree assault and first-degree robbery. Smith was later retried after the Court of Appeals reversed his conviction, and convicted again of the same crimes. On Jan. 25, 2006, he was resentenced by Judge Larry Weeks to a composite term of 85 years. In 2010, Smith filed an application for post-conviction relief asserting myriad claims, including that his convictions for robbery and assault should have been merged.

“It is incredibly difficult for the victim’s family to have to come back and redo this 22 years later, and I am hopeful that the sentence today will help give them closure,” said assistant attorney general Bailey Woolfstead.

Woolfstead opposed Smith’s motion to refer the case to a three-judge panel. On Friday, Pate rejected that request because the defense failed to prove the case met the qualifications, but also it was determined that based on the significance of the charges, Smith was ineligible for the panel.

In court on Friday, Smith thanked Torres and his sister Tammy Meachem, who were both present, for their forgiveness and said that he had long wanted to apologize. Smith said that he was, “so sorry for what happened that night.”

• Contact reporter Jonson Kuhn at jonson.kuhn@juneauempire.com.

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