Jackson, Mississippi



From the Jackson Clarion-Ledger of August 5, 2004

Slaying case to be heard by grand jury



A grand jury will decide if a 16-year-old boy who allegedly killed his mother's boyfriend will be charged, police said Wednesday.



Michael Smith is accused of killing Robert Day, 47, after Day allegedly shot Margaret Smith, 35, of Pittsburgh Street, on Tuesday night in a field at Dalton and Deerpark streets in west Jackson after they had attended a National Night Out event blocks away from their home.



Margaret Smith and Day had "a considerable history with the police department," said Jackson Police Department spokesman Robert Graham.



Day was pronounced dead at the scene of a gunshot wound to the face, Hinds County Coroner Sharon Grisham-Stewart said. Margaret Smith was pronounced dead at 11:30 a.m. Wednesday at the University of Mississippi Medical Center. Grisham-Stewart said Smith had a gunshot wound to the head.



Day, who police say had been arrested for other offenses, including murder, had been "waving the weapon" around at the event, Graham said.



When the event was over, Margaret Smith and Day got into an argument, Graham said.



"Day produced a weapon and shot Margaret Smith in the head," Graham said. "Smith's son then produced a weapon and shot Robert Day."



Michael Smith was taken into custody, questioned and released, Graham said.



No charges have been filed against him yet, he said.



Police may classify the shooting as a justifiable homicide, Graham said. The case is now in the hands of a grand jury.

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