Prelim hearing to be reset for brothers
A Solano County Superior Court judge will schedule a preliminary hearing for two brothers connected to an April 2019 killing that Vacaville police say was a case of domestic violence.
Marcus James Smith, 46, and Kevin Michael Smith, in his early 30s, will return to Department 11 at 8:30 a.m. Feb. 1 for a readiness conference and a preliminary hearing setting in the Justice Center in Fairfield.
The elder Smith had faced a preliminary hearing this week and his brother a hearing setting this week also, but court records show Marcus Smith's defense attorney, Daniel J. Russo, on Monday challenged Judge John B. Ellis from hearing the matter and was disqualified. Then on Tuesday, Ellis assigned the case to Department 11, Judge William J. Pendergast's courtroom.
Court records earlier showed that Marcus Smith had faced a so-called “1368 doctor's report” concerning his mental competency, or his ability to aid in his own defense. Judge E. Bradley Nelson, hearing the case at the time, vacated those proceedings for an unknown reason and rescheduled them for July 14 last year. The judge ordered another psychiatric examination July 21 and heard the doctor's report Aug. 24.
The elder Smith was formerly represented by criminal defense attorney Amy Morton but is now represented by Russo, a wellknown Vallejo criminal defense attorney. The Public Defender represents Kevin Smith. Senior Deputy District Attorney Julie Underwood leads the prosecution.
The DA's Office filed a formal criminal complaint April 16, 2019.
Court records indicate Marcus Smith is alleged to have killed Ronelyn Egipto, 50, early April 13, 2019, 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 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 Fairfield.
Events unfolded around 2:30 a.m. April 13, 2019, when Vacaville police responded to reports of a domestic dispute on Peregrine Way.
When officers arrived, Egipto was found dead within the residence and 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, although 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 killing but helped his older brother by “cleaning up” evidence.
If found guilty of firstdegree murder, Marcus Smith faces 25 years to life in state prison. His younger brother, if found guilty of being an accessory, faces as little as a year in jail or as much as three years in prison.