Man Found Guilty of 1st Degree Murder of Woman, Aggravated Wounding of Man, Using Firearm, Possessing Firearm as Felon in 2023 Church Street Shooting
NORFOLK, Va. — Curtis Gerald Smith, 43, was found guilty following a bench trial on Wednesday of first-degree murder, aggravated malicious wounding, two counts of using a firearm in the commission of those felonies, and being a violent felon in possession of a firearm after he fatally shot a woman whom he had previously assaulted and shot a male witness who tried to run away, paralyzing him.
On June 30, 2023, Mr. Smith walked up to Precious McClendon, whom he knew from the neighborhood, in the 800 block of Wide Street and confronted her about $15 that she allegedly owed him. Mr. Smith then assaulted Ms. McClendon and argued with a man who intervened. After the two men exchanged words, Mr. Smith pulled out a gun and shot at the man, who then shot back at Mr. Smith. One of the rounds fired by the man who intervened struck Ms. McClendon in her ankle, and she was able to escape to a nearby business before being transported to the hospital. Just hours later, Mr. Smith was transported to the hospital with a gunshot wound to his leg, which investigators believed to have been from that same shooting.
Ms. McClendon identified Mr. Smith to police as the man who assaulted her, and Mr. Smith was taken before a magistrate, charged with assaulting Ms. McClendon as well as multiple firearm-related felonies, and held in jail without bond. On Aug. 17, 2023, in Norfolk General District Court, a judge granted Mr. Smith bail over the Commonwealth’s objection.
After midnight on Sept. 3, 2023, Mr. Smith fatally shot Ms. McClendon near the Martin Luther King Jr. memorial at the intersection of Brambleton Avenue and Church Street, and he shot a male witness who was running away from the gunfire. Ms. McClendon was hit in her neck and torso and died at the scene. The witness was hit in his back, and medics rushed him to the hospital for surgery. Just before going into surgery, the witness named Mr. Smith as the person who shot him and Ms. McClendon. The witness survived the shooting, but he has since been paralyzed and bed bound. The Norfolk Police fugitive section and the U.S. Marshals Service arrested Mr. Smith at a hotel in Chesapeake two days later.
As a result of their investigation, police charged Mr. Smith with second-degree murder, malicious wounding, and two counts of using a firearm in the commission of those felonies. In March 2024, the Norfolk Commonwealth’s Attorney’s Office secured additional indictments from a grand jury against Mr. Smith for first-degree murder, aggravated malicious wounding, and being a felon in possession of a firearm.
On Wednesday, Mr. Smith pleaded not guilty to his charges and requested to be tried by a judge. Mr. Smith represented himself during the trial, and the surviving witness came to court in his portable medical bed and testified against Mr. Smith. After hearing the evidence and arguments from the Commonwealth and Mr. Smith, Judge Robert B. Rigney found Mr. Smith guilty as charged of first-degree murder, aggravated malicious wounding, two counts of using a firearm in the commission of those felonies, and being a felon in possession of a firearm. Judge Rigney set Mr. Smith’s sentencing hearing on May 23.
“I am grateful to the surviving victim, who despite his serious injuries was willing to come to court in a hospital bed to testify against Mr. Smith. The conviction in this case is a credit to his strength and perseverance,” said Commonwealth’s Attorney Ramin Fatehi. “Mr. Smith is a danger to the community, as we have long asserted, and at sentencing we will seek a term in prison that reflects the senseless and premeditated murder that Mr. Smith committed. We will continue to focus my office’s resources on prosecuting the people who are killing our citizens.”
Senior Assistant Commonwealth’s Attorney Shavaughn N. Banks and Assistant Commonwealth’s Attorney Caswell W. Richardson are prosecuting Mr. Smith’s case, and Norfolk Police Detectives Kyle D. Austin and Maura A. Flatley led the investigation.
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