CHARLESTON, W.Va. (WCHS) — The Kanawha County Prosecuting Attorney's Office is now preparing for a new trial for the man previously found guilty of killing four family members in Elkview in 2020 when he was 16.
On Monday, the West Virginia Supreme Court vacated his convictions and granted a new trial for Gavin Smith on the basis that jurors were improperly given instructions about possible penalties and sentences for Smith before they went back for deliberations.
On Tuesday, the Kanawha County Prosecuting Attorney's Office released the following statement:
Yesterday, the Supreme Court of Appeals of West Virginia issued an Opinion remanding the case of State of West Virginia v. Gavin Blaine Smith for a new trial. This case will now be set for a hearing in the Kanawha County Circuit Co