After spending almost 20 years in a North Carolina prison, Kalvin Michael Smith is a free man. Smith was convicted of armed robbery and assault with a deadly weapon with intent to kill, inflicting serious injury. In his early twenties, Smith was accused of severely beating a pregnant 33 year old woman to almost death, ending in a 29 year prison sentence. A crime Smith says he did not commit.
The victim, Jill Marker, gave birth to her son while in a coma. She now requires around the clock care. Smith maintained his innocence and fought to prove that in a court of law. His efforts were not in vain. On Wednesday he was ordered to be freed.
Smith wiped away tears as a judge ordered his release.
As he walked out of Forsyth Correctional Center Thursday, Smith told WXII that his freedom had yet to hit him.
“Thank you. God be the glory. Without God all mighty I would never have made it,” Smith said in regards to his suppoters over the years.
The attorneys representing Smith, Walter Holton and Cheryl Andrews, argued before the court that his previous attorney failed to present evidence that would have shortened his sentence. Holton and Andrews filed a motion which stated the previous attorney should have presented mitigating factors. Those mitigating factors included showing that Smith had a positive employment history and strong family support. Had previous counsel presented these factors, Smith’s sentence could have been six to 9 years instead of 29.
Judge Todd Burke of Forsyth Superior Court agreed with Smith’s attorneys. He granted the motion and signed an order calling for Smith’s release from prison.
Both of Smith’s parents were present in the courtroom when the judge made his decision. His father, Gus Dark, was elated to finally have his son coming home.
“I’ve waited 20 years to have my son in my house,”he said in an interview with the Winston Salem Journal.
Smith, now 45, became the focus of the MTV docuseries, Unlocking the Truth, which premiered a few months ago.
“On behalf of MTV, we couldn’t be happier to hear that Kalvin Michael Smith was released from prison earlier today,” the network said in a statement. “We applaud Ryan Ferguson, Eva Nagao and the producers at Embassy Row on their passionate efforts along with all of Kalvin’s team in creating this wonderful outcome. We wish Kalvin and his family a peaceful and joyful reunion and to new beginnings.”
A judge released Smith, however, he was not exonerated of the crime.
