August 17, 2010 @ 08:35 AM
CURTIS JOHNSON
Herald-Dispatch.com
HUNTINGTON — A Huntington man faces up to 40 years in prison for second-degree murder in the shooting death of his then-girlfriend.
Tuesday morning’s sentencing hearing comes nearly one month after jurors convicted Robert S. Frazier in the Aug. 25, 2008, shooting death of Kathryn Gale Smith.
The 43-year-old’s sentencing hearing is set for 9 a.m. in Cabell Circuit Court.
Both sides said the shooting followed an argument at the couple's Guyandotte residence, located in the 500 block of Richmond Street.
Assistant prosecutors Jason Spears and Jara Howard overcame a defense argument that the shooting was an accident as Frazier defended himself against an angry Smith.
Both sides had exchanged plea offers and counteroffers prior to trial. Both would have convicted Frazier of second-degree murder, but 10 years separated the two sides on an agreed upon punishment. Defense attorneys wanted 30 years, while prosecutors had pushed for the maximum 40-year sentence.
Assistant Prosecutor Jara Howard has explained the difference between a 30- and 40-year sentence is five years in real time, meaning that Frazier can discharge a maximum sentence in 20 years with good behavior as opposed to 15 years.
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