A Gary man got 20 years in prison Thursday for shooting his brother in the chest at their mother’s house.
Michael Smith, 66, would also serve 12 years on probation.
His lawyers said he would appeal.
Smith was convicted on July 24 of attempted murder, aggravated battery, domestic battery resulting in serious bodily injury and domestic battery by means of a deadly weapon. He was only sentenced on the attempted murder charge.
At trial, lawyers said his deteriorating relationship with his brother Alphonzo Smith and their mother’s failing health preceded the shooting.
According to the charging affidavit, Smith’s brother told police his mother had recently wanted Smith out of her house on the 800 block of Georgia Street and had changed the locks. They were installing a new security system when the shooting happened around 4:15 p.m. on Aug. 4, 2021, he told police.
Michael Smith testified at trial that his brother had moved their mother to a nursing home days before and he went to the house looking for her.
At sentencing, Rev. Dwight Gardner of Gary’s Trinity Baptist Church asked Judge Natalie Bokota for “mercy.”
He knew Smith for 20 years and baptized him after Smith married a parishioner. Smith helped with the church’s charitable outreach.
He was a “good guy,” the pastor said. “None of us are above making very poor decisions.”
Special Prosecutor John Meyers asked for at least 30 years, prompting an audible reaction in the courtroom. He argued the shooting was premeditated. He said one neighbor was the “lookout” to call Smith when the brother showed up at the house.
“That’s a lie,” one woman said in the audience.
Sean Mullins, who represented Smith with his father Steven, said it was self-defense.
He acknowledged Smith did have a criminal history, but it dated back to the 1990s, and was “nothing of this nature.”
Smith said in court he was afraid for his life. He accused his brother of drinking, known to carry guns, and said Alphonzo previously threatened to “bury me next to my son.”
mcolias@post-trib.com