Smith Guilty of Kidnapping, Murder; Sentenced to Prison
Jury Deliberates Five Hours in County's Longest Murder Trial
Last updated Thursday, April 28, 2005 10:39 PM CDT in News
By Robin Lipscomb
The Morning News
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BENTONVILLE -- Melissa Ullom waited six years for her father's murder to be solved. Her prayers were answered Thursday.
Tears flowed from her eyes when a jury found Albert Kieth Smith guilty of kidnapping and murdering her father, David Howard, in September 1999.
After five weeks of trial, more than 100 witnesses and 395 pieces of evidence, the jury spent a little more than five hours deliberating before presenting a double guilty verdict to Benton County Circuit Judge Tom Keith.
Capital murder carries an automatic sentence of life in prison without parole. The jury added 40 years for the kidnapping.
Smith turned down an earlier offer from prosecutors for a 20-year sentence if he'd plead guilty to second-degree murder. He could have been paroled in five years. Smith refused, saying he was innocent, according to defense attorney Joel Price.
Price said every possible avenue for appeal will be followed.
Officers from Benton County and the Oklahoma State Bureau of Investigations, who worked in tandem on the case, said late Thursday they were pleased and relieved for a victory in their most comprehensive, extensive homicide investigation ever.
"I appreciate the courage of Benton County law enforcement in pursuing this case," said Agent Bob Harshaw of the Oklahoma agency. Ullom said Harshaw kept the case alive throughout a multitude of challenges.
Prosecutors lacked solid forensic evidence in the case, despite overwhelming circumstantial evidence. Charges weren't filed for more than four years after a mower found David Howard's body alongside an Oklahoma highway with two gunshots to the back of his neck.
Within days of the murder, police began suspecting Smith, a Van Buren letter carrier whose ex-wife began dating Howard just weeks before.
Smith had installed a keyboard interceptor program on his ex-wife's computer and was reading racy e-mail Linda Smith exchanged with Howard, 57, of Bella Vista, according to trial testimony. Smith, whom friends said never showed emotion, reportedly became jealous and began researching revenge, poisons, firearms and how to hire a hit man on the Internet.
Prosecutors said Smith stalked Howard and offered him a fictitious business proposition -- then kidnapped and murdered him.
Jurisdictional issues arose since the body was found in McIntosh County, Okla. Ullom said despite the seemingly long wait, "this case has never been in limbo. Bob Harshaw finally got the go-ahead to release it to Benton County, which was eager to take it."
Smith was arrested in December 2003 by Benton County officials.
The "red tape was hard to fight, but Bob would always call and say, 'Melissa we're trying, don't fret,'" Ullom said. "There was certainly no lack of effort."
The trial, by all accounts, has been one of the longest and most expensive in Benton County history, although final costs haven't been tallied.
Prosecutor Robin Green commended the "14 citizens who sacrificed and gave of their time so justice could be served."
The case was a collaborative effort of authorities from Oklahoma and Arkansas, she said, including Harshaw and Mark Kugler, Danny Varner and Kenny Farmer of the Benton County Sheriff's Office.
Deputy prosecutors Shane Wilkinson and Drew Ledbetter assisted Green in prosecuting Smith.
POA Lakes Superintendent Rick Pearson said Thursday the community had been stunned by the news of Howard's death.
"Stuff like that doesn't happen here in quiet little Bella Vista. It's stuff you're used to seeing on TV or in the newspaper," Pearson said.
Howard left behind important clues that helped authorities find his killer. He was smart to write down Smith's license plate number and the names and dates of people he was meeting with, Pearson said.
"It is nice to have closure," after such a long search and legal process, Pearson said.
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