Death Sentence

Texas oldest condemned inmate dies after 38 years— of natural causes

In 1977, Jack H. Smith walked out of a Texas prison after serving 17 years on a robbery-assault conviction. Because it wasn’t his first time behind state bars, he had been sentenced to life. So even after nearly two decades the parole was a lucky break for Smith. But it was bad news for a man named Roy A. Deputter.

A year after Smith was released, he and an accomplice walked into the convenience store in Pasadena, near Houston. Smith had a gun. The pair demanded money. Deputter, who lived in a trailer behind the store, walked in the back door as the holdup was in progress. He had a gun of his own and tried to stop the robbery. Smith shot him twice.

A jury convicted Smith in January of 1978 and sentenced him to die. He was shipped off to death row, and waited. For nearly 40 years.

Smith finally met his end Friday afternoon. But the state didn’t kill him. The oldest inmate on Texas’ death row died of natural causes.

Smith maintained he was innocent and for 38 years lawyers filed appeals to no avail. Twice the U.S. Supreme Court turned him down. But his execution date never came. He was 40 when he was convicted. He died at 78. Was justice served?

Somehow we don’t think so. We doubt Deputter’s family and friends think so, either.

Keep in mind that while Smith was the oldest man on death row, there are three other inmates who have been there longer, one since 1976, one since 1977 and another who arrived a month before Smith. There are at least 20 more who have been on death row since the 1980s.

Texas has a reputation for swift justice. But in some cases the system moves very, very slowly.

Some would say too slowly.