Murder trial postponed for lack of jurors

Facing a lack of jurors, the trial of Keshone Smith has been moved back to Jan. 22 despite a lengthy jury selection that spanned four days.

Kyle Hunter, the 11th District West prosecuting attorney, said Thursday evening the court realized it wouldn’t have the 12 jurors selected to proceed with the trial of Smith, who is charged with capital murder in the shooting death of Pine Bluff police Detective Kevin D. Collins and three other counts of first-degree battery in connection to an Oct. 5, 2020, shootout at the Econo Lodge Motel on North Blake Street.

Before noon Thursday, Circuit Court Judge Jodi Raines Dennis said the jury selection would push the start of questioning back to Monday morning at the earliest. Out of 69 who were interviewed for the jury this week, only five were selected.

The fifth person who was selected was picked from a wave of three who were interviewed Thursday morning. The second wave of three produced no jurors.

Jury selection will start over in January, meaning the five who were appointed to the jury are now excused, Hunter said.

“We’re disappointed that this has happened,” Hunter said. “I feel very disappointed for the family of Kevin Collins that this has to continue.”

Thursday marked the fourth day of interviewing potential jurors to make up the body of 12 who will determine the fate of Smith, who, in addition to be accused of killing Collins, is charged with first-degree battery of police officer Ralph Isaac and two other counts of first-degree battery. Smith is being held without bail in the Jefferson County jail.

Prosecutors are seeking the death penalty against Smith, but to do so, they must prove beyond a reasonable doubt that Smith murdered Collins in a premeditated and deliberate manner, Hunter said. If all 12 jurors find so, Hunter said, the case would then move to a penalty phase in which additional evidence of aggravating and mitigating circumstances would be presented. Based on that, the jury would then render a sentence of either life without the possibility of parole or death.

Smith appeared in a buttoned shirt and slacks Thursday.

Through Thursday morning, out of the potential jurors who had been interviewed, 17 more were waiting to be questioned by prosecutors, including Hunter, and defense lawyers, including Lee D. Short of North Little Rock and Jim Wyatt of Little Rock.

“I think all I can say is that all the people we have questioned have been honest in their answers,” Short said. “In my experience, the jury selection is going as it’s supposed to go in a trial where the death penalty is considered.”

Short also said the number of motions by both sides and the length of time the case has taken to go to trial – Smith was formally charged in December 2020 – are very typical in a case where the death penalty is a possibility.

One of the questions the potential jurors faced was whether they had an idea of how long it takes to “premeditate” a killing. A woman answered, “it was said that ‘premeditated’ could be an instant.”

Both parties must agree a potential juror can serve before the judge finalizes that decision. Some who were questioned Thursday were not selected for reasons that included a lack of belief in the death penalty and a refusal to sign off on the penalty during the sentencing phase, and beliefs that a law enforcement officer would give more reliable testimony than another witness.

One who was questioned about the law of self-defense against a police officer said she never heard of anyone having to use that, adding police officers are supposed to help people. It is not clear, though, whether the defense plans to argue self-defense in Smith’s case.

Smith and two other men were facing active felony warrants in connection with a homicide in Georgia when he was found at the motel. Smith is accused of firing his weapon at the officers, at which point an officer returned fire, according to an affidavit from state police.

As a result of Smith allegedly firing his weapon, a third officer reportedly returned fire and struck a man, identified as Dave Wright, and Isaac.

Another man identified as Kirel Young told police, according to the affidavit, he was struck in the hand immediately after he heard the gunshots. Therefore, according to state police, investigators believed the round that struck Young was fired by Smith.

Collins died at a local hospital. Isaac was treated for non-life-threatening injuries.