March prelim set for brothers
Nearly four years after Vacaville police arrested two suspects for a 2019 slaying, the brothers finally will face a preliminary hearing for what investigators say was a case of domestic violence.
During a Wednesday proceeding, Solano County Superior Court Judge William J. Pendergast ordered Marcus James Smith, 46, and Kevin Michael Smith, who is in his early 30s, to return to Department 11 at 8:30 a.m. March 1 for a readiness conference and at 9:30 a.m. March 20 for the hearing in the Justice Center in Fairfield.
The elder Smith had faced a preliminary hearing last month and his brother a hearing setting, but court records show Marcus Smith's defense attorney, Daniel J. Russo, challenged Judge John B. Ellis from hearing the matters and was disqualified. Ellis then assigned the case to Pendergast's courtroom.
Court records earlier indicated that Marcus Smith 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, who was hearing the case at the time, vacated those proceedings for an unknown reason and rescheduled them for July 14, 2021. The judge ordered another psychiatric examination on July 21 and heard the doctor's report Aug. 24. Criminal proceedings were reinstated against Smith the next day.
The elder Smith was formerly represented by criminal defense attorney Amy Morton but is now represented by Russo. 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 show Marcus Smith allegedly 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 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 without bail 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 two men, the Smith brothers, were taken into custody, officials said.
Investigators believe Egipto and the elder Smith brother had a romantic relationship, now-retired 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 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.