An Oklahoma man who moved to Kansas will serve more than five years in prison after being sentenced for his friend’s death in 2016.
Derrick Allen Smith, 26, entered a plea deal in late June and was sentenced Monday for his involvement in the death of 33-year-old Timothy Isiah Walker. Smith will spend 61 months in prison for the death that resulted from an altercation in the two men’s front yard.
Chief District Judge Glenn Braun gave Smith the right to address the court prior to sentencing at the Ellis County Courthouse.
“Is there anything you want to tell the court?” Braun asked.
“No, your honor,” Smith replied.
Smith’s significant other, Rellana Reidle, and Walker’s wife, Nikki Fender-Walker, both were in the courtroom, and Fender-Walker declined the opportunity to address the court as well.
Ellis County Attorney Tom Drees told Braun the victim’s wife and family had been notified of the plea agreement and were satisfied with the sentence proposed. Walker’s family also declined to seek restitution in the matter.
Smith originally was charged with murder in the second degree — unintentionally but recklessly under circumstances manifesting an extreme indifference to human life. The plea deal charged Smith with three counts of aggravated battery for each hit on Walker, as well as one charge of criminal threat.
Braun sentenced Smith to 31 months on the first aggravated battery charge, then 12 months each on the other two battery counts. The defendant also received six months for the criminal threat charge. All sentences will run consecutively.
The altercation happened during the late-night hours of July 30, 2016, in the 500 block of East 20th in Hays.
The Hays Police Department was called to a disturbance at approximately 11:38 p.m. that evening and found a male unconscious and not breathing on the ground. Officials began CPR until members of Ellis County Emergency Medical Services arrived.
Walker was transported to Hays Medical Center, where he was pronounced dead at 12:26 a.m. July 31.
Fender-Walker had told investigators Smith and her husband had gotten into an argument. During the fight, Fender-Walker said Smith punch her husband, knocking him to the ground.
Smith told officers Walker had approached him, and he punched Walker, knocking him out. He then said he punched Walker twice more as he laid on the ground.
It is believed Walker was on the ground for 10 to 15 minutes before anyone checked on him
An autopsy performed stated the manner of death was from multiple traumatic injuries to the face with significant injuries to the underlying central nervous system tissues, according to the affidavit.
Smith was taken to HaysMed and treated for a broken bone in his right hand.
During presentence investigations, it was found Smith had 10 priors. Those included a felony charge of dealing in stolen property in 2015 in Florida, as well as 2016 convictions of two counts of burglary in the second degree and domestic assault and battery by strangulation in Oklahoma.
Smith had a warrant out for his arrest from Ellis County in Oklahoma on June 3, 2016, after he failed to appear for sentencing.
Smith faces an additional 14 years in prison in Oklahoma for those crimes following his Kansas sentence.
Smith was not aware if officials in Oklahoma had placed a retainer on him for the Oklahoma charges.
“As far as I know, they haven’t,” he said.
Smith was credited with 373 days served in jail in Hays, and is able to receive 20 percent good-time credit in prison.
He was sent back to the Ellis County Jail upon being transferred to the Kansas Department of Corrections.