D’IBERVILLE, MS (WLOX) –

Monday, Marshall Austin Smith, 26, of D’Iberville, pled guilty to Second Degree Murder for the killing of his 48-year-old mother, Millicent Smith.

Smith was sentenced to 40 years in the custody of the Mississippi Department of Corrections, with 16 years to serve without the possibility of parole, a fine of $2,000, all court costs, and $250 to the Crime Victim’s Compensation Fund.

Assistant District Attorney Cherie Wade stated:

This was one of the most tragic cases I’ve seen as a prosecutor. While the Court imposed a lengthy day for day jail sentence, the true punishment is that this defendant will have to carry with him the weight of causing his mother’s death for the rest of his life. I was moved by both the visible remorse displayed by the defendant in the courtroom and the forgiveness expressed by his family.

Reports state Smith was involved in a confrontation at Pepe’s Mexican Restaurant in D’Iberville on July 30, 2015. While attempting to stop him, Smith’s mother jumped into her son’s vehicle. Reports state Smith continued to flee from law enforcement traveling at speeds up to 80-mph in a 25-mph zone. Officials say Smith lost control of the vehicle and crashed into a tree shortly after entering Jackson County. According to reports, his mother was killed upon impact.

Reports say Smith had methamphetamine and THC in his system at the time of the crash.

District Attorney Tony Lawrence stated:

The defendant chose to drive impaired and his mother got in the vehicle to try and stop him. He fled from the police, lost control of his vehicle, and caused his mother to lose her life. The defendant’s sisters lost their mother due to his actions. They have consistently said they wanted him held accountable but also were against a lengthy sentence. I think this case not only shows the tragic results of driving while impaired but also how families are left to deal with the terrible effects that it causes.

In addition to the sentencing, the judge recommended Smith for placement in the long-term therapeutic drug and alcohol treatment program in MDOC and recommended that he obtain his GED.

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