A 63-year-old man was sentenced Friday to more than 18 years in prison for fatally stabbing another man at a homeless encampment near Emerald Queen Casino.
Garry Heroshi Smith was convicted by a jury of second-degree felony murder in late June for the Dec. 27 killing of 64-year-old Robert Grace . Grace entered Smith’s “tent area” near the intersection of East Bay and 28th streets not long before the stabbing, according to charging papers and a filing from Smith’s legal counsel.
Smith claimed self-defense, believing that Grace had a gun and arrived to harm him, Smith’s attorney James Dahl said during Friday’s sentencing hearing. A knife not believed to be the murder weapon was found next to Grace’s body, according to charging papers.
“He was concerned for his life, and he was stuck inside his residence,” Dahl said. “None of this would have happened if Mr. Smith was essentially just left alone. He thought he was going to be robbed.”
Jurors found Smith not guilty of an intentional murder charge but didn’t accept self-defense claims. A witness claimed to have spoken with Grace two minutes prior to the stabbing. The witness told authorities that Grace had offered him firewood, according to charging papers.
Judge Matthew Thomas noted that the attack was quick and violent and that Smith had offered no help to Grace after he fell to the ground and was dying.
“Time was crucial as he lay on the sidewalk,” Thomas said.
Smith’s sentence of 18 years and three months in prison was recommended by prosecutors. Dahl had sought a little more than seven years.
During the hearing, a few members of Grace’s family addressed the court, describing him as a family man who had overcome struggles.
The victim’s niece, Kwadraline Grace, said that she understood he was offering wood to others the night he was killed.
“At the end of the day, it was a senseless act,” she said.
The victim’s sister, Bertha Grace, who appeared via video, called the death “something that we cannot stomach.”
“We will never be able to see Robert again, but we will always have those memories of him,” she said.
Another sister, Claudette Moore, also appearing via video, was visibly distraught as she recalled that her brother would visit her home regularly near the casino.
“To not see him everyday, it hurts,” she said.
Smith briefly spoke to the court, saying that if someone couldn’t protect themselves and their property, “I feel that there is no justice in this land.” He also said that injustice for one person experiencing homelessness was injustice for all in the same situation.
After the hearing was over, three of Robert Grace’s family members noted to The News Tribune that Smith never apologized. As they stood inside the elevator, Pierce County Deputy Prosecuting Attorney Lisa Wagner walked by. They told her the same. Wagner agreed.
“There was no remorse,” she said.
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