The jury found Smith guilty on all nine counts that they were asked to consider. The judge also found him guilty of having weapons under disability, which the jury was not asked to consider.
Smith’s sentencing hearing has been tentatively set for April 21.
UPDATE @ 1:39 p.m.
The jury is returning with a verdict. We have reporters in the courtroom and will report the verdict as soon as it’s read.
EARLIER
A Montgomery County Common Pleas Court jury will now decide the murder case of Shawn D. Smith Jr., who in testimony Tuesday said he “cried a million nights” when he learned a child died from a bullet he fired.
The jury began deliberating Wednesday morning to determine if Smith, 26, is guilty of killing 13-month-old Elijah Johnson and shooting Isaiah Smith and Diana Hicks during a series of incidents Jan. 14, 2016. The defendant faces 10 counts.
The jury, unable to reach a unanimous verdict, was sent home sometime after 10 p.m. Wednesday. Deliberations are to resume Thursday.
EARLIER: Mother tells baby hurt in shootout she loves him as he dies
“Ladies and gentlemen, this was a manhunt,” assistant Montgomery County prosecutor Natasha Newberry said during closing arguments. “Isaiah Smith robbed Dontay (King), robbed this defendant and they were angry. They were going to hunt him down, and they were going to kill him, and they didn’t care who got in the way.”
On the stand, Shawn Smith said Isaiah Smith fired first at the car Shawn Smith and Dontay King were driving north on Arlene Avenue and that he fired back to protect himself.
“I’m shooting because he’s trying to shoot me,” the defendant said Tuesday. “I just wanted to let him (Isaiah Smith) know I had a gun. Self defense.”
Smith said he didn’t know Isaiah Smith was holding a child and that when he found out that the 1-year-old died, he said: “I can’t say sorry enough. All I can ask is for God to forgive me.”
Testimony didn’t clearly show exactly when Elijah suffered a gunshot to his foot and when he got the fatal shot through his chest.
Shots continued between the defendant and Isaiah Smith when both were in cars after the shooting at Arlene Avenue. That’s when Hicks was hit and possibly when Elijah was struck.
“It just seemed like we were at war,” the defendant said.
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Defense attorney Jon Paul Rion told jurors that to understand a self-defense claim, they have to sit in the shoes of Shawn Smith for the 15-20 minutes from the robbery of guns, money and marijuana to shooting up Isaiah Smith’s grandmother’s house to the shootout.
Rion said if there was a manhunt, his client and King would have been looking for Isaiah Smith and that they would shoot first since they were mad about being robbed.
“You know that no bullets are fired, not a single bullet’s fired from Shawn Smith’s gun, until after the vehicle is past,” Rion told jurors during closing arguments. “Isaiah Smith was the match that lit this forest fire.”
Judge Michael Krumholtz Tuesday evening.
Isaiah Smith also is facing involuntary manslaughter charges in the case. King pleaded guilty to involuntary manslaughter last May.
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