Published: July 13, 2007 11:47 pm      

Mom, son are found not guilty of murder

EBENSBURG — A Johnstown mother and son – both facing counts of first-degree murder and life in prison – instead were convicted Friday of less serious manslaughter charges in an Oct. 15 shooting death.

Blake Donald, 20, was convicted of voluntary manslaughter for firing the single shot that killed 24-year-old Stephen “Travis” Smith at a ramshackle roominghouse in the city’s Hornerstown section.

His mother, Jacqueline Webb – whom prosecutors contended had plotting the killing – was convicted of involuntary manslaughter.

“My client has maintained her innocence. But I can live (with the verdict). It was fair under the circumstances,” said David Beyer, Webb’s attorney.

The jury, by returning different manslaughter charges, apparently “felt Blake was a little more culpable than Jackie,” he said.

Because she has been in the county prison since her arrest Oct. 15, Webb could be sentenced to time served, Beyer indicated. He asked for bond to be set for her release from prison.

Judge David Tulowitzki set bond at $1,000, and said that 10 percent cash – or $100 – would be accepted. Relatives indicated they would attempt to post bond Friday night.

Tulowitzki set bail at $50,000 for Donald’s release. Relatives said they would be attempting to get the $5,000 to secure his release.

Assistant District Attorney Thomas Leiden said, “The manslaughter verdicts essentially said we didn’t prove they went there with the intent to murder Travis Smith. That’s their decision, and I can’t quarrel with it.”

Leiden said Blake is facing a minimum mandatory five to 10 years in state prison on the voluntary manslaughter charge because a deadly weapon was used.

Members of Smith’s family were bitter about the jury’s verdict. Members of the Webb-Donald family said they had mixed feelings.

Darlene Smith, mother of the victim, said, “I don’t think it’s right. They killed my son, and they’ll be walking the streets. I got to go to the grave site to see my son.”

Audora Hocker, another of Smith’s relatives, said Smith would have turned 25 years old next week.

“He’s gone, and they’ll be out on the street,” she said.

Toni Williams, Webb’s sister, said, “We felt it was self-defense, but we’re thankful it didn’t come to the worst possible. We’re relieved. We’re also sorry that their (Smith) family lost somebody.”

Prosecutors contended the 41-year-old Webb, who had been assaulted by Smith prior to the shooting, had called upon her son to “take care of the problem.”

But Donald testified he shot in self-defense when Smith charged at him with a sharp weapon in his hand. Webb had repeatedly denied that she had said – as witnesses testified – that she had repeatedly urged her son to shoot Smith in the head after Smith had been shot once.

Voluntary manslaughter is a killing done in a moment of passion when a person believes – even unreasonably – he’s in immediate danger of death or serious bodily injury. Involuntary manslaughter is a death resulting from another person’s reckless or grossly negligent conduct.

Defense attorneys viewed the jury verdicts as a victory even though both defendants were convicted on the manslaughter charges. Donald also was convicted of carrying a firearm without a permit.

The jury acquitted Webb of criminal solicitation to commit murder, and both defendants were acquitted of conspiracy to murder.

Attorney John Kasaback, who represents the son, said, “The jury decided this man did not, in fact, commit murder. Although we would have preferred if the jury had determined this was self-defense, my client is pleased. It was a great day when you consider they were facing life in prison.”

Mother and son were taken out a rear door by sheriff’s deputies. Jurors left the courthouse without talking with reporters.