PHILADELPHIA (KYW Newsradio) — A Philadelphia man who admitted to shooting nine people outside of a bar in Kensington nearly three years ago has been sentenced to less than what state guidelines call for.
Michael Smith-Davis, 27, pleaded guilty in January to nine counts of attempted murder and a gun charge, admitting he injured nine people when he and a juvenile fired dozens of gunshots on Nov. 5, 2022.
In court, his attorney said he was angry about his long-time friend being murdered and sought revenge. Smith-Davis apologized to the court and the victims, none of whom were in the courtroom. Judge Stephanie Sawyer then handed down a sentence of eight to 16 years.
The sentencing guidelines for attempted murder are 20 to 40 years in prison. The Philadelphia District Attorney’s Office asked for 18 to 36 years — a “gift,” the office said of its recommendation, as Smith-Davis did plead guilty.
When prosecutors outlined the crime, they listed the victims’ gunshot injuries: in the chest, legs, backs, one in the hand. One man was shot six times.
They did not indicate who the intended target was, but officials said at least 41 shots were fired between the teen, Smith-Davis and another man in the crowd who was returning fire. The judge emphasized that, noting Smith-Davis wasn’t fully responsible for all the gunfire.
However, the assistant district attorney outlined Smith-Davis’ lengthy prior criminal record, which included another attempted murder conviction; assault, drug and gun offenses; a juvenile record; and two infractions in prison. During one infraction, officials confiscated a 5 ½-inch shiv. In the other, Smith-Davis allegedly exposed and fondled himself during a prison guard check. Prosecutors told the court he was listed in the “repeat violent offender” category.
Smith-Davis’ defense attorney laid out a life filled with trauma, including being raised by a parent who heavily used drugs and alcohol.
In her sentencing, the judge said she has seen a change in Smith-Davis since the first time she sentenced him to house arrest for a gun offense. She said it was a tough case for her, and she even seemed to try and lift Smith-Davis up, saying she sees redeemable qualities in him.
Sawyer also took into consideration that none of the victims wrote letters or were present in court during the sentencing, which she found “of concern, interest and relevance.” If a victim had shown up, it may have affected the sentence “upward,” she said, adding that she has to think of Smith-Davis and his family.
Though not in the order, Sawyer told Smith-Davis to write to his daughter every day, get his high school diploma, and not waste time in prison, but rather work on himself.