That decision came down shortly after 9:00am Wednesday (July 10th) – on what would’ve been Thompson’s 32nd birthday.
According to ABC 33/40 – Thompson’s mother, Frances Curry had asked the jury to recommend death for Smith, instead of life in prison without parole; eleven jurors chose capital punishment – exceeding the 10 required for that sentence; seven jurors are needed for a recommendation of life imprisonment.
A judge will review the findings for Smith’s formal sentencing, which is set for September 3rd.
A missing person’s case was filed after Kevin Thompson failed to show up at his job as a teacher at Wellborn Elementary School; his body was later found near Highway 278 in Cherokee County – his car was found in a garage on Rocky Hollow Road in Anniston.
Two other men are charged with capital murder in that case. The trial of Tyrone Thompson, who is not related to Kevin Thompson is expected to begin in six months and Jovan Gaston will go on trial sometime next summer (2014).