Testimony resumed this morning in the second-degree murder trial of a woman charged in Cherokee County with fatally shooting her husband four years ago.
Pearl Lynne Smith, 51, is going through her second trial for the shooting of Thomas Drayton Smith. He was shot at the couple’s home east of Tahlequah. Pearl was arrested at the scene and originally charged and tried for first-degree murder. Jurors in that first case opted to convict her of the lesser charge and recommended a 28-year prison sentence.
Smith appealed the conviction and it was ultimately reversed because the appellate court believed evidence of battered woman syndrome should have been presented at the first trial.
Former Sheriff Delena Goss was among those to testify Tuesday. She told jurors she was the first law enforcement officer to arrive at the scene because she was nearby at the time the call was received.
“They were arguing because he had to feed the goats,” Goss said she was told when she arrived at the house.
She saw the victim lying on the floor and Pearl sitting in a chair near the body when she arrived. She said she didn’t recall see any red marks or bruising on Pearl. Goss also said Pearl cried softly from time to time while she was there.
She testified Pearl told her the victim had made the statement, “Right here right now, if you think you’re big enough.”
The former sheriff said she assigned Jack Smithson, the chief investigator during her administration, to the case. Smithson also testified Tuesday afternoon as did former Sheriff’s Investigator Mike Moore.
Testimony is expected to continue through much of the rest of the week before Associate District Judge Darrell Shepherd, of Wagoner County. Shepherd was the trial judge on the initial trial.
District Attorney Jerry Moore and Assistant District Attorney Angela Jones are prosecuting the case. Lawrence Roberson, of the Oklahoma Indigent Defense System, represents Smith.
Contact Bob Gibbins at bgibbins@tahlequahdailypress.com.
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Testimony resumes in Smith trial
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