Accused shooter in Martha Childress case rejects plea bargain, attorney says

Testimony in the trial Michael Juan Smith begins Tuesday, after Smith rejected a plea-bargain offer on charges stemming from the 2013 Five Points shooting that paralyzed USC student Martha Childress.

State prosecutors offered Smith a 25-year prison sentence in exchange for pleading guilty to attempted murder and five weapons charges.

But Smith has refused that deal, his defense attorney Aimee Zmroczek said Monday, as jurors were selected to try the case.

The jury of a man and 11 women – seven black and five white – will begin hearing testimony Tuesday to decide whether the 22-year-old defendant is guilty.

Smith is accused of firing his gun while arguing with another man in Five Points in the early morning hours of Oct. 13, 2013.

University of South Carolina student Childress was waiting for a taxi near the fountain at Harden and Greene streets when she was struck by a bullet, damaging internal organs and paralyzing her from the waist down.

Both Smith and his attorney have said he did not intend to hurt anyone.

Childress was hit by a "stray bullet,” Zmroczek said after court Monday, adding Smith was carrying a weapon to protect himself – he had been jumped in Five Points before, she said.

The self-defense argument has been tested in court before.

Last year, Smith was sentenced to 10 years in prison on a federal-weapons charge related to the shooting. Smith’s prior burglary convictions made it illegal for him to have a weapon. Also, the gun Smith had was stolen.

The federal judge handed down the maximum sentence for the weapons charge, saying Smith’s defense team had not proven he was acting in self defense.

If convicted of all the state charges, Smith could face up to 51 years in prison. He would serve his state sentence first, then his federal sentence.

His ankles shackled, Smith appeared in court wearing a white button-up collared shirt and dress slacks.

He was calm and unemotional during Monday’s proceedings. He said “good morning” to the judge but looked back seldom at his family, including his mother, Juanita Smith, who was in court.

Childress entered the courtroom Monday afternoon, sitting in a wheelchair near prosecutors and away from Smith. She is expected to testify during the trial.

During jury selection, Smith’s attorney expressed concerns that widespread media coverage of the shooting and of Childress’ rehabilitation might color jurors’ opinions of the case.

The Five Points shooting shocked the USC community, casting into doubt the safety of the popular, late-night student hangout. It also launched a community-wide debate about policing in the area.

Almost two-thirds of the 60-person jury pool stood up when asked if they had any knowledge of the shooting or if they had been victims or accused of a violent crime.

With the attorneys, Circuit Judge Robert Hood privately interviewed those prospective jurors.

Only three African-American men were part of the jury pool. None were picked as jury candidates in the random-selection process. One was dismissed because he said he grew up with the defendant Smith and would not be able to judge the case fairly.

This story was originally published August 10, 2015 at 1:26 PM with the headline "Accused shooter in Martha Childress case rejects plea bargain, attorney says."