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Wednesday, May 21, 2008
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A measure of justice Smoot enters guilty plea, sentenced in Jordan's death Staff Writer For three years, the parents of Joseph "Joey" Jordan have waited for a measure of justice against the man accused of killing their 16-year-old son in a car crash in 2005.
On Tuesday, the wait for Marc and Kathy Jordan ended as Matthew Raymond Smoot entered a guilty plea to felony second-degree murder in Crow Wing County District Court and was sentenced by Judge David Ten Eyck to 166 months in prison.
"We're very happy because it's a second-degree murder charge," said Joey Jordan's mom, Kathy Jordan, following Smoot's sentencing. "Am I happy with the sentence? No, I felt forced into it, but you could see how hard this was for our family today and a trial would be so much worse."
In court, Smoot, 27, Pequot Lakes, admitted that on July 8, 2005, he had been drinking, driving at a high rate of speed and driving in the oncoming lane of traffic when his vehicle collided head-on with Joey Jordan's vehicle on Highway 371 at Crow Wing County Road 16 in Pequot Lakes. Joey Jordan was pronounced dead at the scene and two of Smoot's passengers were injured in the crash.
Smoot had faced a total of 17 criminal counts. In an agreement between prosecuting and defense attorneys, accepted Tuesday by Ten Eyck, Smoot pleaded guilty to second-degree unintentional murder, felony DWI and two counts of criminal vehicular operation. The remaining counts were dismissed.
By agreeing to plead guilty to the charges, Smoot waived his right to a jury trial or appeal.
"This is what I want to do," Smoot said when asked by his attorney, Eric Newmark.
A third of Smoot's sentence can be served on supervised release. He has been in custody since his arrest in July 2005 and was given credit for 1,047 days of time already served in jail. At minimum, he will be incarcerated just over six more years.
The case was scheduled to go to trial Tuesday, 34 months after the crash that claimed Joey Jordan's life. The case was delayed as attorneys argued whether a charge of felony DWI can be used as a predicate for felony second-degree unintentional murder. Both the district court and the court of appeals said it could and the Minnesota Supreme Court denied a review of the case.
"It became law in Minnesota at that point," said Crow Wing County Attorney Don Ryan. "When (Smoot) hit Joey Jordan's car and Joey died it became murder, where before it would have been criminal vehicular homicide."
Before Ten Eyck sentenced Smoot, several of Joey Jordan's family members were given an opportunity to address the court.
Marc and Kathy Jordan, both breaking into tears, told the court of the pain their family has suffered since Joey Jordan's death.
"The impact of what this vermin did to myself and my family is indescribable," Marc Jordan said in court. "The joy of life I once knew has been taken away forever."
Kathy Jordan had no sympathy for Smoot.
"I feel Mr. Smoot has no remorse and I feel that when he gets out of prison he will do this again," Kathy Jordan said in court. "If there's an ounce of remorse in him, its only because he's been locked away from his family."
Newmark told the court it was wrong for people to think that Smoot didn't feel remorse or understand the impact of the crash that claimed Joey Jordan's life. He said he was confident Smoot would learn from his mistakes.
"I'm here to tell you the actions of Mr. Smoot don't reflect the kind of person Mr. Smoot intends to be," Newmark said.
When given a chance to address the court, Smoot said he agreed with Newmark's statements and didn't have anything further to say.
Ryan said it was important for him to see justice done and to see the Jordan family able to put Smoot's criminal case behind them.
"I think the Jordan family has done something extremely difficult to do - I think they are focusing on what they have to do in future without forgetting the past," Ryan said. "When someone goes through something like this its extremely difficult to do, and I told them that."
Kathy Jordan said she wants to make sure her son is never forgotten. Though tabled this year, she said the Legislature will be considering Joey's Law, which would change the appearance of a Minnesota driver's license or identification card issued to an applicant restricted from consuming alcohol. She also noted the signal light was being installed at the intersection of Crow Wing County Road 16 and Highway 371, which she was told was prompted by Joey's death.
Family members of Smoot left the Crow Wing County Judicial Center without commenting. Newmark and Smoot's other attorney, Dan Rasmus, could not be reached for comment.
MATT ERICKSON may be reached at matt.erickson@brainerddispatch.com or 855-5857.
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