PROBABLE CAUSE STATEMENT

Date: February 25, 2013

I, Chris Barb, a law enforcement officer, knowing that false statements made in this form are punishable by law, state as follows:

1. I have probable cause to believe that Darrell Levessar Smith, DOB: committed one or more criminal offenses.

,

2. The offense(s) happened on December 30, 2012, at 1734 hours at 1032 E. Cherokee, in Greene County, Missouri. 3. The facts supporting this belief are as follows:

On 12/30/2012 at 1734 hours, Officers were sent to 1038 E. Cherokee for a report of a shooting that occurred at 1032 E. Cherokee. Officers arrived and located an injured female, Kimberly Walker, on the front porch of 1038 E. Cherokee. Walker suffered a gunshot wound to the head and was transported from the scene by EMS to Mercy Hospital. Walker died on 12/31/12 as a result of her injuries.

Officers also contacted the occupants of 1038 E. Cherokee, along with a male subject identified as Darrell Levessar Smith. Officers observed Smith’s shirt was saturated with blood and he had blood on his hands and arms. D.B., a resident of 1038 E. Cherokee, reported Smith knocked on his door and yelled, “D., help me.” D.B. stated he opened the door and saw Smith was covered in blood. D.B. reported Smith said, “She’s been shot. I was showing her how to use a gun and it wasn’t unloaded.” D.B. reported Smith left as he (D.B.) called the police. D.B. stated Smith ran towards 1032 E. Cherokee when he left. D.B. reported Smith’s mother owns the house at 1032 E. Cherokee and Smith had been staying there. Another resident of 1038 E. Cherokee, K.B., reported Smith was gone for three or four minutes before he returned.

Officers also spoke with A.N., who was present at 1038 E. Cherokee. A.N. reported she gave smith a sterile dressing to place on Walker’s injury to her forehead after Smith arrived at

the residence. A.N. stated Smith told her, “he was trying to show her how to use a gun, and he thought she unloaded it. He said it went off.” A.N. said the male subject also asked her if he should leave or stay.

Smith was detained briefly by officers. Officer Greg Anderson heard Smith make the spontaneous statement, “I told her not to put her finger on the trigger and boom!” Officer Anderson transported Smith to Police Headquarters to be interviewed by detectives.

Officers that responded to 1038 E. Cherokee, also attempted to contact anyone at 1032 E. Cherokee where the shooting reportedly took place. Officers were unable to contact anyone at 1032 E. Cherokee and entered the residence to make sure there were no other injured persons present. Officers did not locate anyone else inside the residence. Officers did observe a small revolver, ammunition, and blood on the floor of the living room in plain view as they conducted the safety sweep. Officers exited the residence and secured it after determining no other persons were inside.

I conducted an interview with Smith at Police Headquarters on 12/30/12 after advising him of the Miranda Rights. Smith stated he and Walker were inside the residence at 1032 E. Cherokee. Smith stated he and Walker were seated on a mattress inside the living room area as he was showing her how to handle and use a revolver. Smith reported Walker was sitting immediately to his left as they sat on the mattress. He indicated Walker’s left leg and his right leg were touching. Smith told me he opened the cylinder on the revolver and pulled the cylinder completely out of the gun. He stated he turned the cylinder over and shook the bullets in the cylinder onto the floor. Smith stated he believed all the rounds from the cylinder had fallen on the floor. He reported he placed the cylinder back in the gun and pushed the rod/pin used to retain the cylinder back into place. He said when he pushed the rod into place the gun discharged. Smith indicated he was holding the gun in his hands and the barrel was facing to his left. Smith reported he discovered Walker had been injured and carried her to the neighbor’s house at 1038 E. Cherokee. I questioned Smith about the revolver discovered at 1032 E. Cherokee. I advised him upon examination of the gun that the one shell casing inside the cylinder was not in the position

expected if the gun had only been fired once and not manipulated afterward. Smith told me he returned to 1032 E. Cherokee after taking Walker to the neighbor’s. Smith stated he picked up the gun and checked it to see if it was loaded by removing the cylinder. He reported he placed the cylinder back in the gun after observing the spent round in the cylinder. Smith reported he placed the gun on the floor in the area where he said he was seated when the gun discharged. Smith previously told me he did not know if he had thrown or dropped the gun when it discharged. He told me initially he had only picked up the gun and moved it back to where he was seated when it discharged. He did not initially provide any information about checking the gun to see if it was loaded after he returned briefly to 1032 E. Cherokee.

Smith’s description of where Walker was seated and positioned did not appear to be consistent with information received from the emergency room doctor who examined and treated Walker upon her arrival at the hospital. Medical personnel advised the wound path found during an examination of Walker indicated the projectile entered the left side of her forehead and traveled in a downward angle toward the area near the right ear and did not exit. Medical personnel’s description of the wound path or projectile path did not appear to indicate it was possible Walker could have suffered the wound path or projectile path if Smith and Walker were positioned in the manner Smith described when the firearm discharged.

Smith admitted to being in possession of the gun when it discharged and Walker was struck with the projectile. The gun was recovered by the crime scene response team and determined to be a .38 caliber revolver. Smith is a convicted felon and prohibited from possessing a firearm under state and federal law.

The above statements are true to the best of my information and belief.

Cpl. Chris Barb #1016

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