To: Judge John Simpson, Judge Superior Court Judge
Herman Smith III should be free
A young man, Cardarius Stegall, at a party was threatening people with a gun throughout the night. Stegall pointed his weapon to shoot a person next to Smith. Smith did not know Stegall or the person he was trying to shoot. Smith felt his life was in danger and pulled out his gun and shot Stegall in self defense.
Why is this important?
Herman Smith's conviction must be overturned! Herman Smith, who is serving a life sentence within the Georgia's Department of Corrections, is a plaintiff in a federal lawsuit against the State of Georgia to invalidate Georgia's Stand Your Ground Law. On August 6, 2013 a jury in Carroll County wrongfully convicted him of felony murder. Despite the overwhelming evidence produced by his defense team, led by attorney Harry Daniels, he was still convicted. The evidence brought forward by his defense team is as follows:
1. Stegall threaten others that night with a loaded gun.
2. Many party goers testified that Stegall was waving a gun around.
3. No party goers testified Smith had a gun.
4. Investigator Brian Finley of the Carroll County Sheriff Department testified based on his investigation, that Mr. Stegall intened tatget Dwight Clendon Thomas Jr whom was standing right next to Herman Smith.
5. Stegall was infuriated when he saw Clendon dancing with his child's mother . Clendon and Stegall had an altercation three weeks prior at the same establishment over this woman.
6. Stegall jerked his baby mama away from Thomas and an argument peruse between the two.
7. Stegall went outside to retrieve his weapon to shoot Clendon.
8. Multiple witnesses testified that Stegall had a gun in his hand behind his back as he re-entered the party.
9. Relatives and friends of Stegall testified that they attempted to stop him from re-entering the party, but they were unsuccessful.
10. One witness in particular, Crystal Lay, of Franklin, Ga, testified that Stegall was upset with the mother of his child and she did all could to stop him from re-entering the club with the gun, but he would not listen. Crystal Lay also testified that from the time he enter the club until the time she heard gunshots less than 10 seconds had expired.
11. Defense witness and longtime friend of Stegall, Lanie Henderson, testified Stegall had a gun stting in his lap staring at the dance floor in the direction of Thomas and Smith.
12. Many witnesses testified that there was one shot followed by two more shots which was consistent with statements made by Herman Smith to law enforcement in December 2012. Herman Smith stated to law enforcement that he shot Stegall when he observed Stegall raise his weapon from his side, and he shot him two more times when Stegall raise his weapon toward him again.
13. Herman Smith perfectly described Stegall's gun to law enforcement even before his defense team is given access to the weapon, and before law enforcement displayed it to him.
14. This same weapon was laying out beside Stegall's body.
The state of Georgia produced three witnesses. All three witnesses were impeach by the defense team. They were crossed examined and impeach by Harry Daniels to show their statements were inconsistent and in many cases were lies. One witness in particular was the State's star witness Chad Horton of Bowden, GA who told law enforcement that Herman Smith was walking and shooting while looking in the mirror. This testimony was inconsistent with GBI medical examiner whom testified that the shooter had to be standing still due to the locations of the gunshot wounds on Stegall body. It should also be noted that Chad Horton was charged with child molestation and also being held in Carroll County Jail on ten unrelated charges.