Peiyton A. Smith, 17, has pleaded guilty to manslaughter for the fatal shooting of a teenager that occurred in June 2023 on Hughes Avenue. Smith avoided a trial by accepting a plea agreement that included a recommended sentence of 10 years in prison, although the judge will issue the formal sentence in July.
Smith, who was 16 at the time of the shooting, was initially charged with murder for the June 24, 2023, homicide of 16-year-old Demarion Black. Smith was also facing charges of possession of a handgun by a minor and trafficking in marijuana (less than 8 ounces, first offense, enhanced).
Terms of the plea agreement include the recommended sentence of:
- Count 1: Manslaughter, 2nd degree — 10 years in prison
- Count 2: Trafficking Marijuana, 1st offense — 5 years in
- Count 3: Possession of a handgun by a minor — 12 months in prison
(Editors note: The original version of this article said that the recommended sentence included no chance of parole. The parole eligibility will be determined at a future hearing.)
The recommended sentence calls for the time to be served concurrently for a total of 10 years in prison. Smith entered his guilty plea on Friday while appearing in front of Special Daviess Circuit Judge Tom Castlen, who has temporarily taken over the proceedings for Circuit Judge Jay Wethington after he was put on medical leave.
Castlen will issue the formal sentence during a July 17 hearing. According to prosecutor Nick Payne, a prosecutor with the Daviess County Commonwealth’s Attorney Office, because of Smith’s age, Castlen will consider probation or detention at a juvenile detention facility until Smith turns 18.
After Smith turns 18, another hearing will take place. Payne said Castlen could allow Smith to remain in a juvenile detention facility for up to 5 additional months, or the judge can sentence Smith to incarceration at the Department of Corrections or probation.
Payne said Smith could be eligible but not guaranteed for parole after he has served a minimum of 20 percent of the formal sentence.
The judge can either approve the recommended sentence or issue one he deems appropriate. The judge will also determine parole eligibility at that point. The victims’ families will also be allowed to give victim impact statements during that hearing.
Smith is to be held in the Department of Juvenile Justice until he is 18 years and 5 months old, at which point he will then be transferred to the Department of Corrections.
Smith’s case had not progressed to the point of ever having a trial date set. It was first assigned to mediation in March 2023. Ultimately, Judge C. Derek Reed served as the mediator.
The shooting occurred at approximately 9:11 p.m. on June 24, 2023, in the 1800 block of Hughes Avenue. According to a release at the time, Owensboro Police Department officers arrived at the scene and located a juvenile male, later identified as Black, with multiple gunshot wounds.
Black was transported to Owensboro Health Regional Hospital where he later died due to his injuries, according to OPD.
OPD announced on June 26 that a 16-year-old male juvenile had been charged with murder in the case. However, per state law, the juvenile’s identity could not be released until his first appearance in adult court.
Smith was transferred to adult court in August, according to Daviess County Attorney John Burlew. Smith’s name was not released until his first appearance, which was made virtually, in November.
