New Trial Date Set for Kanawha County Man Accused of Murdering Family as a Teenager

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A new trial date has been set for Gavin Smith, a Kanawha County man previously convicted of murdering his mother, stepfather, and two brothers in 2020 when he was 16 years old. In June 2025, the West Virginia Supreme Court of Appeals overturned Smith's conviction, claiming the jury was improperly informed that he would be eligible for parole after 15 years if convicted of first-degree murder due to his juvenile status at the time of the crimes.

Why it matters

This case highlights the complex legal issues surrounding sentencing for juvenile offenders convicted of serious crimes. The Supreme Court's decision to overturn Smith's conviction due to the jury instructions about parole eligibility underscores the need for careful consideration of juvenile justice policies and the treatment of minors accused of violent acts.

The details

Smith was convicted in December 2022 of three counts of first-degree murder, one count of second-degree murder, and one count of using a firearm during the commission of a felony. He was sentenced to three consecutive life sentences with the possibility of parole, plus an additional 50 years. However, the Supreme Court ruled that the jury instructions about Smith's potential parole eligibility were improper and tainted the trial. A new trial has now been scheduled for June 22, 2026, with a pretrial hearing set for June 1.

• Smith's new trial is scheduled for June 22, 2026.
• A pretrial hearing is set for June 1, 2026.

What they’re saying

What’s next

The judge will decide on June 1 whether to allow Gavin Smith to be released on bail ahead of his new trial on June 22.