We, the undersigned, ask Missouri State Governor Nixon to grant executive clemency to Zachary Smith and commute his sentence to eighteen years.
The Governor has the sole discretion to grant executive clemency through reprieves, commutations , and pardons. He may impose conditions, restrictions and limitations, as he deems proper. Zachary is asking Governor Nixon to commute his sentence of life without the possibility of probation or parole and ninetynine years to the eighteen years offered in a plea bargain by the prosecutor prior to Zachary’s third trial.
Zachary was nineteen at the time of the offense. He has served seventeen years in prison, and currently resides at Crossroads Correctional Center, 1115 E. Pence Road, Cameron, Missouri 64429. Zachary has no prior criminal convictions and is a model inmate. Zachary spends his time writing and reading books.
Zachary was convicted of the murder of Derek Hoskins. According to Kevin Glavin, a witness who was originally charged with the murder, Zachary accused Hoskins of stealing his lawnmower, then shot Hoskins while urinating at the side of the road. At Zachary’s first trial, the jury was unable to reach a verdict. During deliberations, the jury sent out a note reading, “Can we find guilty of being present but not actually shooting the gun?” Zachary was then retried and convicted; his case was reversed on appeal. Prior to the third trial, the prosecutor, Browyn E. Werner, offered Zachary a plea bargain of eighteen years. Zachary regretfully declined the offer, was convicted, and sentenced to life without parole.
Some time ago, a bird flew into Zachary’s housing unit but couldn’t find his way back out. In a panic, he flew back and forth, from one end of the wing to the other, stopping at the window, trying to get out. Inmates talked of killing him. Zachary, however, decided to help, and after a few attempts, caught the bird. Zachary walked outside and opened his hands, setting the bird free.
Just as the bird was trapped, Zachary is trapped. We, the undersigned, implore Governor Nixon to have mercy on Zachary by commuting his sentence, setting him on a path leading to a new life with the power of his hands. We further pray for any other and further relief which Governor Nixon may deem just and proper under the circumstances.
