Resentencing denied: 1980s murder convict invokes Survivor's Act in Canadian County

Prisoners claiming to be survivors of abuse are asking to be resentenced under a new Oklahoma law. The Survivor's Act was passed last year for victims of domestic abuse and is having its day in courtrooms across the state.

The Canadian County District Attorney Tommy Humphries said on Friday he has five Survivor's Act claims in his district, which includes Blaine, Garfield, Grant, and Kingfisher counties. One of those claims was denied by a judge this week.

The case goes back to the late 1980s. Richard Smith was convicted of murder in Canadian County and given a death sentence.

“At some point sought clemency and so that sentence was reduced to life without parole,” said Tommy Humphries, Canadian County District Attorney.

Humphries said Smith applied for sentencing relief under the Survivor's Act after it was passed into law. Smith claimed he suffered post-traumatic stress disorder from the abuse he suffered as a child, causing him to commit future violent crimes, including murder.

“He is telling the court that he somehow qualified under the Survivor’s Act,” said Humphries.

However, Smith's murder victim was not a domestic partner and never abused him. The judge upheld Smith's sentence in an order filed on Friday.

“In the Survivor’s Act, there is a provision that says if you were originally sentenced to death, you are not eligible,” said Humphries.

Humphries has five more claims from men seeking new sentences.

“Five of the six are violent crimes and four are convicted murderers,” said Humphries. “That’s who we’re seeing apply.”

Humphries said he is an advocate for victims of domestic and child abuse and supports the Survivor's Act when it applies to the appropriate circumstances.

“It’s really important the language we choose and the broad language procedure that’s provided is letting a guy like Richard Tandy Smith at least apply,” said Humphries.

Smith will continue to serve his life sentence in the Oklahoma Department of Corrections’ custody. Hearings for the other men have not been scheduled.

Those applying for resentencing under the Survivors Act have to provide evidence of abuse to include court records, social service reports, or sworn witness statements.