Norman man found guilty in OU student's death

“This is a very heavy burden, perhaps the heaviest burden I have ever carried as a judge. That's because this decision revolves around life. Mr. Ewing lost his life. Mr. Smith, the sentence for this crime is life.”

NORMAN — Calling i t a “very heavy burden,” a judge found a 20-year-old Norman man guilty Friday o f f i r s t - d e g r e e mur d e r i n the fatal shooting of a University of Oklahoma student.

C l e v e l a n d C o u n t y D i s t r i c t J u d g e T h a d Balkman decided the outc o me a f t e r J a mes Ari o n Smith requested a bench trial instead of a jury trial. Balkman, who heard four da y s o f t e s t i mony, s a i d prosecutors proved beyond a r e a s onable doubt t hat Smith shot Nathan Ewing, 19, on April 23, 2017, while attempting to rob him in the parking lot of an apartment complex.

“Thi s i s a v e r y h e a v y burden, perhaps the heavie s t b u r d e n I h a v e e v e r carried as a judge,” he said. “That's because this decision revolves around life. Mr. Ewing lost his life. Mr. Smith, the sentence for this crime is life.”

Smith showed no reaction when Balkman announced his decision. The judge will formally sentence him Nov. 16.

T e s t i mo n y f r o m t w o accomplices proved damni ng to Smith's case. One o f t h e wi t n e s s e s , Cod y T u r b e v i l l e , p r e v i o u s l y pleaded guilty to accessory to first-degree murder and was sentenced to 10 years in prison. The criminal case against the other witness, Tyrek Turner, is pending, court records show.

“F a c e b o o k m e s s a g e s between the defendant and two witnesses (separately) make it crystal clear that

Cleveland County District Judge Thad Balkman

Mr. Smith intended to use a gun and rob Mr. Ewing on the night of April 23, 2017,” Balkman said in court.

Fingerprints, shell casings, additional testimony and a “voluntary” murder confession Smith made to police corroborated the testimony of the accomplices, the judge said.

S mit h ' s a t t o r n e y s a i d others shared culpability, including Turner, who supplied the gun. The attorney argued t he shooting was part of a gang initiation and said Smith's confession was involuntary because police coerced him.

E wi n g , a n o r t h Te x a s native, was a sophomore at OU. He was studying to become a pilot and worked p a r t - t i me a t Wal ma r t . Assistant District Attorney Kr i s t i J o h n s o n t o l d t h e judge in her opening statement the victim also sold marijuana on t he si de t o make some extra money and support his habit.

On the night he was shot, Ewing and a friend agreed t o mee t S mi t h a n d t h e others to complete a drug deal . When t hey met i n the parking lot of the complex, a struggle broke out and Ewing was shot in the stomach. He was taken to a hospital, where he died the next day.