“The weight of the evidence against defendant is very strong, this defendant has been ID’d at the first scene and is on video committing the offenses,” the response from prosecutors says. “The casings from both shootings have been determined to have been fired from the same weapon. Additionally, the defendant is seen on video at the time of the second murder wearing the same clothing.”
Smith, 30, is charged with murder, felonious assault and having weapons under disability and is now due back in court in August for a jury trial. He is being held in the Montgomery County Jail on a $1 million bond.
Prosecutors said Smith fired rounds from a handgun at two men around 3 a.m. Dec. 5, 2019, outside Rick’s Jazz Lab on Lakeview Avenue in Dayton. He fatally shot 34-year-old Brandon Harris and injured the other man during the incident, the prosecutor’s office said.
“Then, at approximately 10:10 a.m., 34-year-old Clarence Brown III was fatally shot outside the Save Food Super Market on Germantown Street,” prosecutors said in a previous release. “The second shooting occurred approximately 100 feet from the first shooting, as the properties are adjacent to each other.”
The prosecutor’s office said that multiple witnesses were interviewed, surveillance video was obtained and ballistic information was compared to identify Smith as the shooter.
Smith had previously asked the judge to suppress evidence in the case including whether witnesses were able to identify him. That request was denied.
Prosecutors also said in their response that Smith has a number of prior felony convictions including drug crimes and assault on a police officer. They said community control sanctions had been terminated for Smith five months before the 2019 shooting.