Peiyton Smith, 17, was officially sentenced on Wednesday to 10 years in prison for the 2023 manslaughter of 16-year-old Demarion Black after accepting a plea deal in May. Family members of both Smith and Black spoke during the sentencing hearing on life since the incident.
Smith, who was 16 at the time of the shooting, was initially charged with murder for the shooting death of 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).
Smith accepted a plea agreement to receive the following charges:
- Count 1: Manslaughter, 2nd degree — 10 years in prison
- Count 2: Trafficking Marijuana, 1st offense — 5 years in prison
- Count 3: Possession of a handgun by a minor — 12 months in prison
For the family of Demarion Black, his mother, Kaycee Black, said 10 years may not be enough for Smith to serve.
“I don’t think 10 years is enough. My son’s life deserves more than 10 years,” Kaycee said.
Since her son has died, Kaycee said, she hasn’t been able to adjust. She said that she hasn’t been able to work and that her children are affected by the loss of their brother.
Lethie Curtis attributes her relationship to Demarion as an additional stepmother, having been in his life since he was 3. She too believes that her life has changed since Demarion died last June.
“It’s driven me crazy for over a year, and I can honestly say that I’ve had trouble trying to mentally stay stable. I’ve had issues in my family just from the mental stability of my children because they were all friends at one point,” Curtis said.
Curtis also acknowledged that while both families are struggling, she said Smith’s family can still visit him, while they cannot. She also believes that 10 years with the chance of probation at 20% of time served is “absolutely not okay.”
“I’ve known people myself that have these same charges, and they have received more (time),” Curtis said.
Melissa Smith, Peiyton’s mother, testified that while her son had agreed to the deal and admitted to attempting to sell marijuana cartridges to “a friend of a friend,” she posed that Peiyton ultimately made a split-second decision.
“Though what occurred after he arrived on Hughes Avenue had nothing to do with Peiyton’s mental health, it was simply an act of natural human instinct to survive. Peiyton had no intention of hurting anyone that night. He was given no choice, in fact, when he found himself in a real life-or-death circumstance,” Melissa said.
She said she hopes that Peiyton’s friends learn from the mistakes that led to that moment.
“I hope you find support either through a spiritual advisor or from a long-standing institution like AA or NA and realize their advice is true: that a lifestyle like this only ends in jails, institutions and death. I hope you take your grief and anger and turn it into growth and happiness,” Melissa said.
Peiyton’s grandmother, Beverly Smith said that she believes the incarceration of her grandson will not be beneficial for him. She noted that both families are hurting after the loss of their children.
“I believe in the last year, Peiyton has learned everything that he can learn from being incarcerated. He knows that if you sell marijuana, it is likely that you will go to jail. Aside from that, he has transformed from a child into a young adult,” Melissa said. “… I do not think that there’s anything of value that Peiyton can learn in his current setting. Rather, I feel continued incarceration may teach him things that are in his best interest to not learn.”
Ultimately, Judge Tom Castlen sentenced Peiyton to the 10 years outlined in the plea agreement. Because Peiyton is still under 18, he will have a hearing on November 4, before turning 18, where the court will undergo a process to determine his sentencing as an adult.
