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The original item was published from 8/30/2024 2:57:00 PM to 8/31/2025 12:00:02 AM.

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Commonwealth's Attorney

Posted on: May 6, 2024 | Last Modified on: August 30, 2024

[ARCHIVED] Commonwealth v. Jayvon D. Smith

Man Sentenced to 10 Years Following Jury Conviction for Fatally Shooting Teenager Outside Norfolk 7-Eleven in 2022

NORFOLK, Va. — Jayvon Deon Smith, 34, was sentenced on Friday to serve 10 years in prison for voluntary manslaughter and unlawfully shooting into an occupied vehicle after a jury found Mr. Smith guilty of shooting and killing a 17-year-old boy who had been in the process of stealing Mr. Smith’s car from a gas station in 2022.

On the afternoon of March 7, 2022, Mr. Smith entered the 7-Eleven at the intersection of East Virginia Beach and Ballentine boulevards to make a purchase, leaving his car running rather than turning it off. Shortly after Mr. Smith entered the store, the victim exited the store and got into the driver’s seat of Mr. Smith’s car, which was parked near the entrance. As the victim attempted to back out of the parking space, Mr. Smith exited the store, held up his firearm, and shot at the victim multiple times through the windshield. When the victim backed up and crashed into a column near a gas pump, Mr. Smith approached the front passenger window of the vehicle and resumed shooting at the victim. The victim died at the scene of a fatal gunshot wound to his torso.

Following their investigation, Norfolk Police charged Mr. Smith with second-degree murder, using a firearm in the commission of murder, and maliciously shooting into an occupied vehicle. Mr. Smith pleaded not guilty to those charges, and on May 1, a jury found him guilty of the lesser-included charges of voluntary manslaughter and unlawfully shooting into an occupied vehicle.

On Friday, Judge David W. Lannetti sentenced Mr. Smith to serve 10 years in prison and suspended another five years on the conditions that Mr. Smith be of uniform good behavior for five years following his release, comply with supervised probation for an indefinite period during that time, have no contact with the victim’s family, and pay restitution to the victim’s family.

“Contrary to popular belief, it is a crime to use deadly force to ‘defend’ one’s property,” said Commonwealth’s Attorney Ramin Fatehi. “While the victim in this case was himself committing a crime, Mr. Smith had no legal excuse for killing the victim. Mr. Smith created his own problem by leaving his car running and easy to steal, and he should have called 911 for the police to handle the situation. Instead, he killed when the law prohibited him from doing so, and he will now go to prison.”

Senior Assistant Commonwealth’s Attorney Andrew Kolp and Assistant Commonwealth’s Attorney Anthony J. Comento prosecuted Mr. Smith’s case on behalf of the Commonwealth, and former Norfolk Police Detective Jean-Claude Noel led the investigation.

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May 6, 2024

Jury Convicts Man of Fatally Shooting Teenager at Norfolk 7-Eleven in 2022

NORFOLK, Va. – A jury convicted Jayvon Deon Smith, 34, on Wednesday of voluntary manslaughter and unlawfully shooting into an occupied vehicle after Mr. Smith shot and killed a 17-year-old boy who was stealing his car from a gas station in 2022.

On the afternoon of March 7, 2022, Mr. Smith entered the 7-Eleven at the intersection of East Virginia Beach and Ballentine boulevards to make a purchase, leaving his car running rather than turning it off. Shortly after Mr. Smith entered the store, the victim exited the store and got into the driver’s seat of Mr. Smith’s car, which was parked near the entrance. As the victim attempted to back out of the parking space, Mr. Smith exited the store, held up his firearm, and shot at the victim multiple times through the windshield. When the victim backed up and crashed into a column near a gas pump, Mr. Smith approached the front passenger window of the vehicle and resumed shooting at the victim. The victim died at the scene of a fatal gunshot wound to his torso. Following their investigation, Norfolk Police charged Mr. Smith with second-degree murder, using a firearm in the commission of murder, and maliciously shooting into an occupied vehicle.

After about four hours of deliberation on Wednesday, the jury found Mr. Smith guilty of lesser-included charges of voluntary manslaughter and unlawfully shooting into an occupied vehicle. Mr. Smith is docketed for sentencing before Judge David W. Lannetti on Aug. 30.

“Mr. Smith could have saved the victim’s life and saved himself from prison by simply turning off and locking his car, advice the police and I have given people many times,” said Commonwealth’s Attorney Ramin Fatehi. “Instead, he committed a crime by using deadly force to protect property, that is, by shooting to death a child who saw the opportunity to steal a car that Mr. Smith left running. I am grateful to the jury for carefully considering the case and for holding Mr. Smith accountable. We will seek an appropriate sentence when the time comes.”

Senior Assistant Commonwealth’s Attorney Andrew Kolp and Assistant Commonwealth’s Attorney Anthony J. Comento are prosecuting Mr. Smith’s case on behalf of the Commonwealth, and former Norfolk Police Detective Jean-Claude Noel led the investigation.

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