Prelim hearing to be reset for brothers linked to 2019 killing in Vacaville
Judge orders Marcus J. Smith and Kevin M. Smith to return to Department 4 for the hearing setting in the Hall of Justice in Fairfield
A Solano County Superior Court judge vacated a January preliminary hearing and will reset it for the coming months in a case involving two brothers charged in an April 2019 killing that Vacaville police say was a case of domestic violence.
Marcus James Smith, 45, and Kevin Michael Smith, 28, were previously scheduled to appear Tuesday in Department 4 for the hearing. However, court records show Judge E. Bradley Nelson vacated the hearing on Jan. 14 and has ordered the pair to return at 10 a.m. April 8 for a readiness conference and a new hearing setting in the Hall of Justice in Fairfield.
Court records also earlier showed that the elder Smith had faced a so-called “1368 doctor’s report” concerning his mental competency, or his ability to aid in his own defense, but Nelson vacated those proceedings for an unknown reason and rescheduled them for July 14. The judge ordered another psychiatric examination on July 21 and heard the doctor’s report on Aug. 24.
The elder Smith is represented by well-known Vallejo criminal defense attorney Daniel J. Russo. The Public Defender represents the younger brother. In recent months, Senior Deputy District Attorney Julie Underwood has led the prosecution.
The DA’s Office filed a formal criminal complaint on April 16, 2019.
Court records indicate Marcus Smith is alleged to have killed Ronelyn Egipto, 50, during the early morning hours of April 13 in Vacaville. He and his younger brother were arrested the same day, the elder Smith on suspicion of murder, his brother on suspicion of being an accessory after the fact. Both were later booked into Solano County Jail.
Shortly afterward, Kevin Smith posted a $25,000 bond and was released from custody. His older brother remains in custody at the Stanton Correctional Facility in Farfield.
Events unfolded around 2:30 a.m., when Vacaville police responded to reports of a domestic dispute on Peregrine Way.
When officers arrived, Egipto was found dead within the residence and two men, later identified as the Smith brothers, were taken into custody, officials said.
Investigators believe Egipto and the elder Smith brother had a romantic relationship, Lt. Mark Donaldson told The Reporter after the Smiths were arrested.
Details leading up to the violence are unclear, though Donaldson said Egipto died “as a result of blunt force trauma throughout her body.”
Explaining Kevin Smith’s charge, Donaldson said the younger brother received a call from his brother and arrived at the home. Investigators do not believe he was involved in the murder but helped his older brother by “cleaning up” evidence.
If found guilty of firstdegree murder, the elder Smith faces 25 years to life in state prison. Kevin Smith, if found guilty of being an accessory, faces as little as a year in jail or as much as three years in prison.