Springfield shooter could face second trial

Instead of being sentenced later this year, a 33-year-old Vermont man who was convicted by a jury in February of shooting and killing Wesley Wing in their Springfield, Vt., neighborhood may head back to court for a second trial.

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Vt. Shooter Could Face Second Trial During Gregory Smith's trial in Windsor Superior Court in White River Junction, Vt., on Feb. 8, 2018, Vermont Assistant Attorney General Ultan Doyle asks Smith to show on a map where he parked his car before a confrontation between Wesley Wing and Smith in Springfield, Vt., in April 2015. Smith testified that he fired his gun in self-defense after being assaulted by Wing. (Valley News - Geoff Hansen) Copyright Valley News. May not be reprinted or used online without permission. Send requests to permission@vnews.com. Purchase a reprint » By Jordan Cuddemi Valley News Staff Writer Tuesday, August 14, 2018 VT Springfield jordan cuddemi gregory smith White River Junction — Instead of being sentenced later this year, a 33-year-old Vermont man who was convicted by a jury in February of shooting and killing Wesley Wing in their Springfield, Vt., neighborhood may head back to court for a second trial. Jurors convicted Gregory Smith on Feb. 13 of voluntary manslaughter in the April 2015 slaying, a lesser offense than the primary charge of second-degree murder Smith faced. Jurors told the judge they were deadlocked on whether to find him guilty of the latter, a development prosecutors used to file a motion for a mistrial on that count. The defense objected to the state’s motion, but Windsor Superior Court Judge Timothy Tomasi sided with prosecutors, opening up the prospect that Smith could face another trial. “Based on the jury’s inability to agree upon a unanimous verdict as to the second-degree murder charge, the court will declare a mistrial as to that charge,” Tomasi wrote in his opinion and order issued in late March. On Tuesday, Smith’s attorney, Jordana Levine, and Assistant Attorneys General Ultan Doyle and Adam Korn, who are prosecuting the case, appeared in the White River Junction courthouse for a status conference. The prosecution had hoped to settle on a date for the second trial and to ask the court to defer sentencing on the voluntary manslaughter conviction pending the resolution to the second-degree murder charge, according to court documents. But during the hearing, Levine asked for more time to file a motion that would ask the court to reconsider its decision to declare a mistrial and to dismiss the second-degree murder charge. The parties met with the judge at the bench before returning to their seats. They sought 30 days each to file motions or subsequent responses. Tomasi asked Levine and Doyle and Korn to address in any documents they file what their position would be on the fate of the voluntary manslaughter conviction if there were to be a second trial. Asked after the hearing whether he thought that conviction would remain or be thrown out, Korn declined to comment. Levine also declined to comment after the hearing. Throughout the six-day trial in February, Smith contended he acted in self-defense when he fired five shots at the 37-year-old Wing at the intersection of Cheryl Lane and South Street in Springfield, after Wing and Smith’s girlfriend got into an argument on April 18, 2015. Prosecutors claimed Smith shot Wing in an “execution” style following the argument with Wendy Morris. Police had said Wing, a father of four, was speaking out against drugs in his neighborhood just prior to the shooting. Jurors found him guilty of voluntary manslaughter, an offense that factors in sudden passion or provocation. Smith, who grew up in Chester, Vt., and went to school in Bellows Falls, wasn’t present at Tuesday’s hearing. Wing’s mother, Terry, and widow, Sheila, both attended the status conference. Terry Wing declined to comment; Sheila Wing said she had been made aware of the prospect of Smith having another trial and hopes that it is something that comes to fruition. The Wings had hoped jurors would convict Smith of second-degree murder at the close of his trial, a conviction that would lead to a longer prison sentence. “I pray that it will happen,” Sheila Wing said outside of the courtroom. “I just hope that everyone will hope and pray that we will get this second chance and we will all get some justice.” The date of Smith’s next hearing wasn’t immediately available. Jordan Cuddemi can be reached at jcuddemi@vnews.com or 603-727-3248.