Jury recommends death for Cherish Perrywinkle's killer

JACKSONVILLE, Fla. — PHOTO GALLERY: Decades of Donald Smith's mugshots 
STORY: Expert says Cherish's killer affected by brain injuries
STORY: Woman has harrowing tale of escaping Smith in 1992

Following a little over two hours of deliberation, a jury has sentenced Donald Smith to death for the 2013 murder of 8-year-old Cherish Perrywinkle.

Smith was convicted last week for kidnapping and sexual battery on the girl, in addition to murder. The murder conviction is what brought the death penalty proceedings.

"Life in prison was not an appropriate penalty for this crime.  If not for this murder, then for what?  This was as bad as it gets." -- State Attorney Melissa Nelson 

The jury made the decision after hearing closing arguments to start the third day of these penalty phase proceedings, where the defense pleaded for mercy and the state saying Smith is not deserving of that.

The defense called nine witnesses to try to show why they believe Smith should be spared from the death penalty, with their case built around their claim that Smith can’t control his impulses, even though he knows what’s right and wrong.

They argued that areas of brain trauma and abnormal development severely impaired his impulse control, which was exacerbated by his intense addiction to crack cocaine. Despite their case, the jury did not find his brain injury to be a mitigating factor in their decision.

PHOTO GALLERY: Cherish's mother reacts when the death sentence is read 

The defense further had a mitigation specialist detail the struggles Smith faced growing up, including physical and verbal abuse by one stepfather, emotional neglect by one stepfather, a mother concerned with appearances who also enabled his drug habit, a prior incident where he was molested,  and three suicide attempts, among other things.

Smith’s son, Donald Smith Jr., then testified about his restored relationship with his father because Smith is no longer on drugs- a relationship which Smith Jr. says has been a benefit to his life. The jury found few of these to be mitigating factors either.

Prosecutors called only one witness, a woman who Smith tried to kidnap when she was 13-years-old. They argued Smith’s actions show premeditation and intentional deception- all choices he actively made.

State Attorney Melissa Nelson reacts to death sentence Jacksonville

Smith first approached Cherish’s mother at a Northside Dollar General, telling her his wife was bringing a Walmart gift card, which he would let her use to buy clothing for her children. He then drove Cherish, her mother, and the girl’s two young sisters to that Walmart, where they walked around and Cherish’s mother filled the cart with items for the girls.

Smith then said he was going to the McDonald’s at the front of the store to get food, and Cherish followed. Instead, he walked outside, while she followed. Her body was ultimately found under debris in brackish water near a Northside church.

The judge has set a hearing for late next month, when she will hear any final arguments and formally impose the sentence.

Cox Media Group