A man convicted for the 1995 Modesto murder of an unhoused World War II veteran was found suitable to be released on parole, the Stanislaus County District Attorney’s Office announced Thursday.
Levi Anthony Oliver was 14 years old when he, his mother, his brother and two friends beat, carjacked, kidnapped and murdered 74-year-old William Smith because he was an “easy target.”
The group was looking for a car to steal so that Oliver’s mother could use it to obtain drugs.
Investigators said Smith apparently was sleeping inside his parked car near Yosemite Boulevard and Santa Cruz Avenue when he was attacked, The Bee reported in 1995.
When they decided Smith’s 1967 four-door Ford sedan was the one they wanted, Oliver and his friend overpowered Smith and held him down as Oliver’s mother, Terry Harrison, took command of the vehicle, according to the DA’s press release.
She drove the car to a park and pushed Smith out of the vehicle. The victim then was kicked in the head several times.
“Oliver kicked the victim so hard that the victim’s teeth left marks on Oliver’s shoes,” the release reads. “Rather than leaving (Smith) at the park, Oliver helped put the victim in the trunk.”
Smith tried to escape the trunk by kicking the lid and pulling the brake light wire, but to no success. With Smith still in the car, Oliver and two friends took the vehicle to a barn. When they got there, they became worried they’d be caught. So, they drove Smith into an almond orchard east of Hughson.
At the orchard, Oliver helped stuff the already bound and gagged Smith into an irrigation pipe. Oliver kicked Smith deeper into the pipe and told his friend to seal the valve, according to the release.
“Afterward, Oliver and the two friends went for cinnamon rolls,” the release reads.
Smith’s decomposed body was found nearly a month later on July 20, 1995. He was identified by dental records, The Bee previously reported. The entire group of suspects was arrested a week after Smith’s body was found. It included Oliver, his mother and his brother Arthur Oliver.
The trials and Oliver’s time in prison
In separate proceedings, Oliver, Harrison, Arthur Oliver and the two friends were convicted for their roles in Smith’s murder. Oliver was found guilty of first-degree murder, kidnapping during a carjacking, carjacking and robbery.
The judge presiding over the case noted that Levi Oliver was already on probation at the time of the murder and felt he was already “engaged in a life of crime before the murder was ever committed,” according to the DA’s release.
Oliver was sentenced to 25 years to life. In 1999, the Fifth Appellate District reversed his conviction of carjacking, but his sentence was retained.
While in prison, Oliver committed several rules violations including possession of drugs, possession of alcohol and fighting.
Why was Oliver deemed fit for parole?
In 2023, Oliver appeared before the Board of Parole as a youthful offender and was found unsuitable for parole. The reasons listed were based on “his inability to address his triggers for anger, his lack of programming for substance abuse and his need to engage in therapy.”
Regardless, another parole suitability hearing was advanced to this year.
The Parole Board’s reasons for deeming Oliver suitable were mainly attributed to his youth at the time of the murder. It also acknowledged that all other defendants had already been released from prison. Oliver, the youngest of all the defendants, was the last one to remain in prison.
“The board also observed Oliver’s feelings of remorse and believed Oliver showed signs of significant offender change,” reads the DA’s release.
A prison psychologist deemed Oliver as a “low risk if released,” and the board agreed.
Gov. Gavin Newsom still has to review the board’s recommendation and determine whether Oliver will be released from prison on parole. This is expected to happen within the next four months.
Oliver is being held at the state prison in Mule Creek.
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