Sentence angers sister of murdered ex- OSU cheerleader
The sister of a former Ohio State University cheerleader who was fatally shot during a 2016 robbery expressed outrage Tuesday with a plea deal that includes a 28-year prison sentence for the killer.
Dalon L. Smoot, 23, pleaded guilty to involuntary manslaughter and aggravated robbery, both with gun specifications, in the death of Gerald Lee Bishop II, 31.
Prosecuting and defense attorneys recommended the sentence, which was imposed by Franklin County Common Pleas Judge Mark Serrott.
“To sit there and tell me that 28 years is enough,” Jimmé Bishop tearfully told the judge. “That 28 years brings some sort of justice? For a repeat criminal? ... That 28 years means something?”
She said she has no doubt that Smoot, who was released from prison less than a month before he killed her brother, won’t be rehabilitated.
“When he gets out and comes back for killing someone else,” she said, “perhaps that person’s family will get the justice they deserve.”
Serrott said he agrees that 28 years isn’t enough, “but it’s not my job to second-guess the attorneys who have lived with the case. (Smoot) could go to trial and maybe win. I’ve seen stranger things happen.”
Because of Smoot’s prior record, all of the time is mandatory, with no chance for early release.
Smoot, who was represented by attorney James Mayer III, did not speak in court. In addition to Bishop’s experience as an OSU cheerleader, he was a popular coach at Midwest Magic Allstars Cheer and Dance, a competitive cheer gym.
On June 11, 2016, Bishop was with a group of friends when one of the friends asked if he would provide a ride for Smoot, a person Bishop didn’t know, Assistant Prosecutor Mark Wodarcyk said.
After they picked up Smoot in Bishop’s van, Smoot directed them to Larry Place, a cul-de-sac on the East Side. Wodarcyk said Smoot got into an argument with a friend in the van, then pulled a gun and demanded property from everyone. When Bishop tried to step out of the driver’s side door, Smoot shot him in the chest, he said.
Smoot spent much of his early life in group homes and juvenile detention centers for various delinquency offenses. In 2011, a Juvenile Court judge transferred him to adult court, where he was convicted of aggravated robbery with a gun specification. He was sentenced to five years in an adult prison and was released on May 17, 2016. He shot Bishop 25 days later.