No death penalty in Cutler killing

A Cutler man implicated in the July 19 stabbing murder of his father-in-law will not face the death penalty, prosecutors said Thursday.

A Washington County grand jury indicted Gerald Smith, 49, of 390 Kennedy Road, on nine felony counts Thursday related to the murder of Homer Rogers, 66, of 1270 Burnett Road, Cutler.

Smith faces the possibility of life in prison without parole if convicted.

Assistant Washington County Prosecutor Kevin Rings said he reviewed the state's death penalty provisions and found the case did not meet the necessary criteria.

Smith is accused of walking more than a mile from his house to Rogers' home with a steak knife in hand. Once at the residence, he allegedly stabbed Rogers once in the neck as he slept on a couch, killing him. Prosecutors allege Smith then took a gun, cash and left in his father-in-law's truck. He was arrested hours later in Athens County in connection with the murder.

Rings said Smith was looking for his estranged wife when he killed her father.

"He was looking for his wife, and when he couldn't find her he flipped out and (went) after the next closest thing," he said. "He was not there to steal the truck or a gun."

Rings said if Smith had killed to help facilitate the thefts or to cover them up, the crimes might have qualified for the death penalty.

In addition to aggravated murder, which is an unscheduled felony, Smith is charged with two first-degree felony counts of aggravated burglary; two first-degree felony counts of aggravated robbery; third-degree felony charges of grand theft of a firearm, grand theft from an elderly person and tampering with evidence; and a fourth-degree felony count of grand theft of a motor vehicle.

Smith remains in custody at the Washington County Jail on a $750,000 bond.

Other indictments:

Brandon Marino, 23, of Cincinnati, was charged with first-degree felony rape, first-degree felony aggravated burglary and third-degree felony sexual battery. Marino is accused of breaking into a Marietta College dorm on Feb. 28, 2009, and raping a female student.

Eric Edgar, 25, no address listed, was charged with fourth-degree felony failure to register an address as a sex offender. Edgar is accused of moving in April of 2010 without providing proper notification. He was convicted in 2006 of gross sexual imposition.

Brian M. Taylor, 22, no address listed, was charged with two counts of third-degree felony failure to comply with the order or signal of a police officer and fourth-degree felony receiving stolen property. Taylor is accused of leading police in a June 9 high-speed chase that ended in a crash. He was also allegedly in possession of a stolen 2005 Nissan Altima.

Jason Corp, 36, of 735 Eighth St., Marietta, was charged with fourth-degree felony failure to appear. Corp is accused of failing to appear for a Feb. 27 court hearing.

Joseph Camden, 50, of 833 Second St., Lot 3, Marietta, was charged with two counts of second-degree felonious assault. Camden is accused of assaulting a man with a baseball bat on July 4 outside his residence.

Chester Morris, 47, of Petroleum, W.Va., was charged with fifth-degree felony theft and fifth-degree felony breaking and entering. Morris is accused of stealing 13 cases of swimming pool chemicals from a local company on June 7.

Quintin A. Ramirez, 19, of 185 State Route 555, Little Hocking, was charged with third-degree felony vehicular assault. Ramirez is accused of causing an injury crash while he was texting while driving. If he had not been using his phone, the charge would have been a misdemeanor, prosecutors said.

Carl M. Crislip, 27, of 215 Lawn Lane, Belpre, was charged with fifth-degree felony grand theft. Crislip is accused of stealing more than $500 from the Pastime Lanes Monday night league, where he was a league officer.

Jason E. Wheeler, 28, of Coshocton, was charged with two counts of fourth-degree felony domestic violence. Wheeler is accused of causing physical harm to a domestic partner in June and July at an Eighth Street residence in Marietta. He has previously been convicted of domestic violence in April 2009.

Jason A. Lauderman, 22, of 210 Cedar St., Marietta, was charged with first-degree felony aggravated burglary and two counts of second-degree felonious assault. Lauderman is accused of assaulting a man on March 20 near Waterford and of breaking into a Marietta residence on May 9 where he allegedly assaulted another individual.