INDIANAPOLIS — This week Marion County prosecutors agreed to a controversial plea deal with an accused killer, but are now attempting to back out of that deal.
The legal maneuvering stems from a double homicide on Indy’s near north side more than two years ago.
According to a plea deal prosecutors signed this week, but are now attempting to withdraw from, Ivory Smith agreed to plead guilty to murder, voluntary manslaughter and aggravated battery.
That deal angered the family of Kahdor Wilson, who was killed at just 3 months old.
“There was no reason for him to be shot. He was lying in bed, asleep,” said Dynisha Wilson. “My son’s life being taken was very, very, very senseless.”
Dynisha’s son was killed the same day as her brother, William Wilson Jr.
“Life is so short. You never know when you can lose someone you love and care about,” said Dynisha.
The double homicide took place inside the family’s home on Guilford avenue in August 2019.
According to court records filed days after the killings, Ivory Smith confessed she shot her longtime boyfriend following an argument and killed his nephew by mistake, while also wounding her boyfriend’s mother, Deborah.
Yet the plea deal would have allowed Smith to face a minimum 45 year sentence, with a maximum of 61 years behind bars.
Because of the family’s frustration, the prosecution now wants to withdraw that deal.
“They’re withdrawing from the plea because our family didn’t agree with the plea,” said Dynisha.
We reached out to the prosecutor’s office for reaction. In the morning a spokesman replied, “We are not in a position to talk about the agreement until it is accepted by the Court. The Change of Plea hearing is set for Monday.”
A short time later the motion to withdraw was filed and the spokesman added that they couldn’t talk about the agreement or the motion to withdraw.
Dynisha says justice for her family is seeing Smith spend the rest of her life behind bars.
“If we can take it to trial and win and she would get a life sentence, the max that she could receive, that would be wonderful. That would put me at ease a little bit. That would give my heart justice a little bit,” said Dynisha.
Smith was set to change her plea earlier this week, but that hearing had to be delayed because she’s in COVID related quarantine.
A new court hearing on the plea has been set for next week.