Parker County Today September 2018 | Page 14

Continued from page 8 evil.” He assured the dispatcher that he’d placed the gun on the kitchen counter. When Parker County deputies arrived on the scene, in the 150 block of River Creek Lane in Annetta South, they found Jami Evans, 48, and Mallory Evans, 15, inside the home. Both were dead from gunshot wounds.  Jake Evans was arrested on the scene and Smith was named as Evans’ defense attorney. 12 Case On Hold The capital murder case against Jake Evans was stalled in time and remained that way for more than two years.  “The US Supreme Court had already banned death sentences for defendants 17 and younger and later ruled that life without parole for defendants under 18 is also unconstitutional,” Smith said. Those were the only options offered for teens accused of capital murder in the State of Texas at the time. Though the Texas Legislature had made attempts to alleviate the problem, no one was really certain whether their fix would hold up under constitutional scrutiny. The solution was finally reached, taking into consid- eration the family’s wishes, Evans’ age and his lack of a criminal record, a plea agreement was reached — one that was considered the best solution for everyone concerned.  “This is a horrible tragedy. When something like this happens, it’s just impossible to know how the family is supposed to deal with it,” Smith said. “They have been working hard to deal with all the circumstances.” Jacob Ryan “Jake” Evans pleaded guilty to two counts of murder in District Court on April 30, 2015. As part of the plea agreement, the state waived the capital murder charge. Evans must serve at least half his sentence before he’s eligible for parole. It was a brilliant solution to a perplexing situation, one that Smith refuses to take credit for. “It was Larry Moore’s idea,” Smith said. “It was. Larry Moore is one of the better trial lawyers ever to practice in Parker County, or anywhere else for that matter. He has been fantastic throughout his career, all types of trials. Toward the end of his career, he mainly handled death penalty cases. Now he’s working as a prosecutor for Tarrant County.” After decades as a partner at Vick, Carney & Smith, Smith joined the firm of Harris, Finley & Bogle. His focus is on civil cases.  If you think Smith is opting for an easier caseload, think again.  “I’ve got several interesting, challenging cases I’m working on, and I work more hours now than ever,” Smith said. “I work approximately 50 to 60 hours a week.” Smith enjoys the work. “I’ve got all these good people working with me,” Smith said, adding that he enjoys working with young attorneys. “I have a new attorney named Bryson Burcy I’m working with now. He’s 34 years old, he’s a good guy with a nice family.” At 72, retirement is not in Smith’s short-range plan. “I don’t have any aspirations to stop practicing law,” Smith said. “I don’t know what I would do if I didn’t do this.” So many things have changed since 1974, when Smith first became an attorney. “Technology is the biggest change,” Smith said. “It has been so beneficial because there are so many ways you can investigate and document a case; body cameras, [and] video tape crime scenes.”  One big change Smith brought about during his time as Parker County District Attorney was to change the agency that handled medical examiner’s cases. Until then, the Dallas County Medical Examiner’s Office handled all of Parker County’s ME cases. Today, Parker County’s forensic work is handled by the Tarrant County Medical Examiner’s Office. “I worked with Dr. Nizam Peerwani and we were able to set up a Medical Examiners District,” Smith said. “We were able to go to Commissioners Court and they agreed. That was probably one of the best things that happened in Parker County citizenry because the cause of death is so important, and to be able to handle death on this level, we were able to work more effectively with the Fort Worth Crime Team.” “Technology has given us the opportunity to improve on so many things, to make investigations better,” Smith said. “The people are better trained, which is so important. The best part of my job as a DA was that I met so many highly qualified people. So as an invaluable learning experience it was unbelievable. At the same time, all of the fields were getting better and better at what they do.”  As for Smith’s personal life, his wife, Janice Smith, is now retired from teaching at Weatherford High School. She enjoys spending time with their two daughters, two grandsons and two granddaughters. “As a matter of fact, as I sit here, my oldest daughter (Ellen Smith Yost) is starting her first day of law schoo l,” Smith said. “She graduated college in 1997 and was admitted to law school at UT Austin, went to her first class and decided she just didn’t want to do it. Now some 20 years later, she knocked the LSAT out of the ball park. I have two grandsons, 10 and eight, and then my younger daughter (Susan Smith Barnes), she has two little ones, ages three and five, so we are fortunate in that regard, as well.”  When looking back over his career, what does Smith treasure most?  “That I have worked with a lot of great people, includ- ing Mr. Dan Carney, and another great partner of mine is Tom Vick. I have been extremely fortunate to work with some really good people. So many good lawyers and people with so many talents. I’ve worked with Don Chrestman. He’s one of the best district court judges we’ve ever had here, and Judge Jim Mullen, talk about a bright guy. My brother of course, Brock Smith, appointed by Gov. Greg Abbott, was sworn in as the Judge of the 271st Judicial District Court. I am a lucky guy!”