Judge sends KC man to prison for role in group robbery, shooting of Lawrence resident

photo by: Chris Conde

The Douglas County Judicial and Law Enforcement Center is pictured in September 2018.

Brian L. Smith didn’t pull the trigger, but he will go to prison for his role in a home-invasion robbery and shooting of a Lawrence man last year.

Smith, 30, of Kansas City, Mo., is one of five co-defendants in the case. He was sentenced Wednesday to 29 months in prison plus a year of post-release supervision.

Douglas County District Court Judge Paula Martin gave Smith a longer sentence than what his attorney and prosecutors suggested in a plea agreement. In tacking on an extra two months, Martin said Smith’s participation may have been less than Kayshunna Poindexter’s — the now-convicted shooter — but that Smith had more criminal history.

The shooting victim didn’t come to the hearing, but prosecutor Eve Kemple read a prepared statement from him in court.

“I am terrified to step out of my house,” the victim said in the statement. “I am always looking over my shoulder. I no longer feel safe in my home or the community.”

Smith didn’t say much at the hearing, other than that he was ready to move on to prison and get out of Douglas County. In fact, he asked for post-sentencing filings to be expedited so he could go as fast as possible.

Smith was arrested in early September and just over three weeks later pleaded no contest to a lesser charge, court records indicate. Initially he was charged with aggravated battery and aggravated robbery while armed with a gun.

The home-invasion robbery happened about 8:45 p.m. Dec. 20, 2017, at the victim’s apartment in the 4500 block of Wimbledon Drive. The shooting victim, 21 at the time, was flown to an area hospital but survived.

The victim told police that he’d been at home with his girlfriend and answered a knock at the door. Someone said “run that (expletive)” and a group of suspects with handguns barged in, some holding him and his girlfriend downstairs while others searched upstairs. He said he was shot by a very short suspect whom others were calling “Tink.”

Poindexter, 26, of Lawrence, aka “Tink,” was sentenced earlier this month. Cases are still pending against Jermel Fleming, 26, of Grandview, Mo.; Brian L. Proctor, 26, of Lawrence; and Michael R. Smith, 28, of Kansas City, Mo.

Contact Journal-World public safety reporter Sara Shepherd

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