A Douglas County judge on Wednesday ordered Allen Dale Smith, 37, to serve a lengthy prison term for his part in the April 2005 shooting of Clarence David Boose, 77, in a rural Lecompton home.
“Mr. Smith indicated that through his actions and his activities that during this span of time that he truly was a danger to the community,” District Judge Michael Malone said.
Malone sentenced Smith to serve 20 years to life in prison for his first-degree murder conviction. If he’s ever paroled, Smith will then have to serve another 11 years in prison for an aggravated burglary conviction.
Smith and his cousin, Leonard Price, burglarized Boose’s home April 29, 2005, and according to testimony, Smith shot Boose in the head when Boose interrupted them. Boose was a retired Topeka jeweler who was known for his many talents, including restoring and crafting musical instruments, family members said.
Smith and Price were living in Topeka at the time. They embarked on a northeast Kansas burglary spree to try to find money to buy drugs. They have each also been convicted of attempted murder in Pottawatomie County for firing shots at a man during another burglary.
Boose’s daughter, Teresa Payne, said her father had lived in the Lecompton area home since the 1930s until he died and that “there was no other place our parents loved more than their home in the country.”
“In his own home our father’s life came to a violent end,” Payne said.
Boose family members of two generations vowed to attend any future parole hearings to keep Smith from ever getting out of prison.
“He would not want another person hurt again from these people,” said Boose’s son, Philip Boose, of Fort Worth, Texas.
Smith declined to speak when Malone gave him the chance.
Defense attorney Tom Bartee had asked Malone for leniency because Smith had originally turned himself in to Shawnee County law enforcement officers in 2005 about the crime spree.
But prosecutors said breaks in the Boose murder case didn’t occur until Price agreed to talk to investigators.
“(Smith) impeded everything more than he helped,” said Amy McGowan, a chief assistant Douglas County district attorney.
Price pleaded guilty to first-degree murder for his role in the burglary and killing, and Malone in November sentenced him to serve 20 years to life in prison as well.
Price also testified that Smith fired the shot at Boose during Smith’s trial.
Malone ordered Smith’s new prison sentences to also run consecutively to his previous attempted murder conviction from Pottawatomie County.