Will he go free?

By KRYSTAL J. CARMAN The Claremore Daily Progress Wed Jun 25, 2008, 12:01 PM CDT

The man who killed Catoosa Police Chief J.B. Hamby in 1978 is being considered for parole.

David Gordon Smith, 54, was convicted by a jury in 1979 for the shooting death of Hamby on Sept. 1, 1978, during a robbery at the Catoosa Tag Office. He was subsequently sentenced to life in prison, and received another four-year sentence in 1993 after escaping from prison in 1985.

Individuals serving life sentences in Oklahoma become eligible for parole after serving one-third of a sentence.

A member of the Oklahoma Pardon and Parole Board requested Smith be added to this month’s parole hearings. Smith was scheduled for a parole hearing in August 2009.

Smith was tried in Rogers County District Court for Hamby’s murder. Smith has always denied killing Hamby, saying he was forced to take part in the robbery by his accomplice Jackie Ray Young. Young was reportedly killed during the robbery, but authorities later said Young took his own life.

At Tuesday’s Pardon and Parole Board hearing, Dave Hamby, brother of the victim, represented the family in opposition of Smith’s parole. Also speaking was Rogers County District Attorney Gene Haynes.

“They keep bringing up the statement that he didn’t do it. I don’t think it’s proper to talk about that in front of the parole board,” Haynes said. “There was a trial. He was found guilty by a jury of 12; then there was an appeal and a post conviction relief motion, both denied.

Smith lived as a civilian for eight years until he was apprehended in 1993 for escaping from prison. Haynes said he doesn’t feel Smith’s behavior on the outside should have an influence on his parole status.

“I don’t think that because he was a good citizen while he was out of jail should have anything to do with his parole,” Haynes said. “Even though he has had good behavior while in prison, I don’t think he should be allowed parole this early.”

Former Claremore Police Chief and Rogers County Sheriff Buck Johnson was on duty the day of the robbery and shooting. He is familiar with Smith and against his parole.

“That’s disturbing news,” Johnson said when he heard of Smith’s parole hearing. “He’s always denied he did it and has never really told the truth about the thing.”

Johnson said he was at the police station in Claremore, listening to radio traffic when he heard of a robbery at the Catoosa Tag Office.

“I remember hearing about it and that Trooper Bill Freeman was on his way along with Hamby,” Johnson said. “Then I heard on (on the radio), they said there was a shooting. That’s when I headed that way.

“Hamby was a good guy and he had a good family.”

The Pardon and Parole Board isn’t expected to decide Smith’s fate until Thursday.

According to statements made by witnesses and law enforcement, Smith, along with Young, entered the Catoosa Tag Office wearing masks and carrying firearms. The two men announced that they were going to rob the office and ordered the two female employees to the ground, binding their hands with silver tape, according to reports. Prior to being bound, one employee was able to relay over the phone that they were being robbed, and police were dispatched, witness statements revealed.

With the employees lying face down on the ground and bound, reports state that Smith and Young attempted to remove a camera and other equipment located inside the office. One witness told authorities that when they could not remove the camera, yelling began between them and at that time, a customer entered the office. The customer screamed and, according to witness statements, that’s when Hamby entered the building.

Statements reveal that Hamby shouted to the men and a shoot-out followed. Two bullets struck Smith — one in the left hand and one in the right leg. Young died after a self-inflicted gunshot wound to the head, according to reports. Hamby also died due to shots fired at the scene.

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