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On the evening of May 26,
1993, Vernon Smith, (n.k.a. Abdullah Sharif Kaazim Mahdi), and Herbert Bryson
robbed the Woodstock Market located at the corner of Woodstock and Avondale in
Toledo. During the robbery, Smith fired a single shot at the upper chest of
Sohail Darwish, causing his death. During the afternoon of May 26, 1993, Smith
met up with Herbert Bryson and Lamont Layson at a dirt basketball court in a
park at Highland and Maplewood in Toledo. The trio discussed "hitting a lick,"
i.e., committing a robbery. The group got in Bryson’s car, and Smith directed
them to the corner of Woodstock and Avondale, where the Woodstock Market was
located. Layson remained in the car while Smith and Bryson headed toward the
carryout. A man who was two houses down from the Woodstock Market at that time
saw Smith and another person enter the carryout. Bryson testified that after he
and Smith entered the carryout, they noticed only two people in the store, both
of whom were behind the counter. Bryson asked about a type of beer, and the
storeowner, Sohail Darwish, came around the counter and walked over to the
cooler to assist him. Darwish retrieved a forty-ounce beer bottle from the
cooler and placed it on the counter. Bryson did the same. As Darwish was ringing
up the sale on the cash register, Smith brandished a black gun and ordered
Darwish to "open the cash register, motherf***er." Darwish, who was standing
next to Bryson, put his hands up in the air and did not resist. Bryson went
behind the counter and hit several buttons on the cash register, trying to open
it. Bryson then ordered Darwish to open the cash register, which he did. Darwish
then put his hands back up in the air. A former co-worker who was visiting
Darwish at the carryout at that time testified that the gunman then told Darwish
to "move and empty your wallet, motherf***er." As Darwish was reaching for his
wallet, Smith fired a single shot, hitting Darwish in the chest. Smith then
ordered the other man to empty his wallet as well, and the two assailants then
fled the scene. Darwish was able to push the alarm button before he fell to the
floor. As a result of the single gunshot wound to the upper left side of his
chest, Darwish bled to death. After Smith and Bryson left the carryout, Layson,
who was waiting in Bryson’s car, noticed Smith holding a gun in his hand when he
and Bryson climbed back into the automobile. According to Layson, Smith
exclaimed, "Dang, I forgot the beer." When Bryson asked Smith why he did it,
Smith replied that he shot the man "in the arm" because he moved too slow, and
that he took too long opening the cash register. According to Layson, Smith then
said, "F*** him, he in our neighborhood anyway. He shouldn’t be in our
neighborhood with a store no way." Later, Smith and Bryson split the money taken
in the robbery, which was apparently over $400. They also gave Layson all the
stolen food stamps from the robbery plus $50. On June 9, approximately two weeks
after the murder, police received information that persons possibly involved in
a homicide were incarcerated in the Sandusky County Jail. Based on this and
other information from sources, police made up an eight-man photo array,
including a photo of Herbert Bryson, to show to Tahboub. The next day, upon
viewing the array, Tahboub selected Bryson’s photo as "not the guy with the gun,
but the other guy." Police compiled a second photo array that included a picture
of Smith and showed Tahboub the second photo array, and Tahboub immediately
selected Smith’s photo as that of the gunman. Consequently, Smith was arrested,
and along with Bryson and Layson, was indicted by the grand jury in the Darwish
murder. Prior to trial, defense counsel informed the trial judge that the
prosecution had offered Smith a plea bargain to avoid the death penalty.
However, Smith declined the plea offer contrary to the advice of defense
counsel. At an in-chambers conference, Smith reiterated his desire to decline
the plea bargain and proceed to trial. A jury trial was held wherein both Bryson
and Layson testified for the state as a result of plea agreements. Bryson, who
was in the carryout at the time of the shooting, testified that Smith fired the
gunshot that caused Darwish’s death. Layson testified that Smith exhibited no
remorse when he admitted that he had shot the carryout owner. Tahboub also
testified and identified Smith as the murderer. The trial lasted one day.
Subsequently, Smith was found guilty as charged by the jury and sentenced to
death. Smith contended that his watching the film "Menace II Society" resulted in the robbery-murder. |
