Smiling Teen Slammed by Judge for Killing Pregnant Mom

I also asked for a chance, your honor. I. was 16 when this terrible accident. occurred. I didn't commit any crimes. I. am not a murderer of any kind. >> In a Michigan courtroom this week, 18-year-old Trayvon Smith denied being a. murderer. This was 2 years after a. high-speed crash killed a mother and her. unborn child, paralyzed her husband, injured their toddler. The jury had. convicted him, but the judge's final. decision that was still to come. We are. going to break down the ruling that. sealed Smith's fate for decades with an.

expert trial attorney. Welcome to. Sidebar presented by Law and Crime. I'm. Jesse Weber. You could hear a pin drop inside of a. Mcome County courtroom as 18-year-old. Trayvon Smith rose to speak. His future. in the hands of Judge James Bernnat. And. in a final plea, Smith tried to distance. himself from the label of murderer. >> I am not a murderer of any kind. The.

Lord knows my heart, your honor, and. respectfully. With all due respect, I. hope that he helps you to understand it. as well. >> But minutes later, the judge delivered. the words that will define the rest of. Smith's life. A prison sentence. stretching decades into his adulthood. But to understand how it came to this. moment, what we're talking about, we got. to go back two years. We got to go back. to a summer night in Sterling Heights, Michigan. It was August 12th, 2023 at. around 9:30 p.m. when, according to.

testimony from a Sterling Heights police. lieutenant, officers spotted a Chevy. Equinox driving oddly along 15mi road. It had its turn signal on, was drifting. in and out of its lane, and this. immediately raised red flags. That kind. of swerving and hesitation often would. signal a possible drunk driver. So. police, they pulled in behind it to run. the plate. And a quick check revealed. that the SUV had no insurance, which. automatically is a misdemeanor, right? So officers, they moved in for a routine.

traffic stop. And here is where. everything turned. This is where the. heartbreak starts. If the driver, then. 16-year-old Trayvon Smith, had just. pulled over, none of what you're about. to hear would have happened, and a. family wouldn't be left to recover from. what is essentially an unimaginable. nightmare. Because instead of stopping, Smith hit the gas. Investigators say he. pushed that vehicle to 93 mph down Van.

Dyke Avenue and then barreled through a. red light at 16 Mile Road. At that. intersection, he slammed into another. car. Inside were 31-year-old Faith. Kanaya. She's also gone by Faith Guma, her husband Norman Guma, and their. 2-year-old son. Now, tragically, Faith, who was pregnant, died instantly along. with her unborn child. Norman survived, but was left paralyzed, no longer able. to speak or care for himself. And that. little boy was critically injured, but.

thankfully eventually recovered. And. somehow, by the way, despite the. devastation he left behind, Smith walked. away without a single scratch. He was. arrested. Court records show he was. charged as an adult with seconddegree. murder, gross negligence causing the. death of a fetus, fleeing and eluding. police, two counts of reckless driving. causing serious injuries. And in July of. this year, a jury convicted him on all. counts. And following the verdict, prosecutor Peter Lucido didn't hold.

back, saying, "This time, a jury has. spoken." Enough is enough. This jury. verdict reminds us all that every choice. we make carries consequences that go far. beyond the moment. This young man's. decision to flee from a routine traffic. stop has left an overwhelming loss. His. actions not only shattered a family, but. also eroded the community's sense of. security. Our office will always. tirelessly pursue justice for the. families who have to live with these. unnecessary tragic events. Now,

according to a release from the Mcome. County Prosecutor's Office, the Michigan. House is actually reviewing a bill to. increase penalties for people who refuse. to pull over for police. In that. release, Lucido addressed that pending. legislation, saying, "Every time someone. runs, they roll the dice with innocent. lives. I want to end that gamble. We. need statutory enhancement of. consequences, including mandatory prison. time. The people of the state of. Michigan deserve to be protected. By the. way, I got to call this out. So, aside.

from a murder charge, prosecutors really. were trying to make an example of what. he did. I mentioned this earlier that. Smith was charged with fleeing and. eluding police. Well, under Michigan. state law, that is a felony that can be. broken up into four degrees. Smith was. charged with a firstdegree felony, meaning his actions led to someone's. death, and he would therefore be. eligible for up to 15 years in prison. But here's the thing, that maximum. prison time, that's not mandatory, which. is what the prosecutor was pushing for. That is a point. So, with all that in.

mind, the guilty verdict in this case. brought everyone back to court this week. on August 26 for sentencing where the. judge would deliver a ruling that would. change Tayvon Smith's life forever. All. right, so we're going to get there, but. first I want to bring on a special guest. to help me break all this down. Uh, former prosecutor, trial attorney, civil. litigator, criminal defense attorney, Imranari. Imran, it's so good to see. you. I I want to actually start with. what I just mentioned. You know, it's. interesting. It's kind of nebulous what.

we're talking about in the sense of what. this could be, but the idea of a push to. increase the penalties, maybe mandatory. prison time uh for people who don't pull. over at a routine traffic stop, do you. think that's the right decision? Because. again, in a case like this, I don't know. if it would have deterred him in any. way, but the idea of if he just would. have pulled over, none of this would. have happened. Do you agree there should. be increased penalties for people who. don't pull over? Sure. I mean, it. depends on the circumstances, right?

That legislation that they're pushing. for uh could be very very beneficial in. certain ways, right? Because it would. have a deterrent value uh for someone. who is not going to obey an officer's. directive to pull over. But then again, the person who is not pulling over is. already in a state of mind uh that they. are going to commit the criminal acts. potentially. Now, there may be reasons. why someone doesn't pull over that could. be legitimate, but Jesse, I would submit. that it's probably going to be few times.

that when someone sees an officer behind. them with the lights or they hear on the. the uh the microphone saying, you know, pull over to the right, but then they. gun that car, they don't have the right. intent, right? There's a nefarious. reason why they are fleeing from the. police most likely in most cases. So, I. do see the benefit of this legislation. being uh implemented because it gives. law enforcement and prosecutors the. ability to prosecute someone who fled. the police in a more stringent or strict.

manner. But then again, from the. deterrent value, it may have an effect, but when someone's going to flee the. police, they're probably going to do it. no matter what. >> Now, we definitely wanted to bring you. this story. There are so many important. points to address here. And I want to. thank our sponsor Upside for their. support because that's how we're able to. make an episode like this happen. So, Upside is great if you don't know what. it is. It is a free app that gets you. cash back when you buy daily essentials. I pump my gas, I can use Upside. I go. out to lunch, I can use Upside. Maybe I. get something at a convenience store, I.

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him as an adult given what happened. here? And when we're talking incredibly. serious charges like seconddegree. murder, do you think that was the right. course of action? >> Uh I think it was in this particular. case because the prosecutors uh and of. course then the court considering uh the. application to try him as an adult. Uh. we're seeing the circumstances, right? He he took off uh from the police and it. had catastrophic consequences to this.

family. Uh you know, was there intent? Well, you don't have to have intent with. a crime like this. Uh, and it. essentially wiped out a family. A mother. and her unborn child lost their lives. The father is paralyzed and in a. horrible state of health. Uh, and then. you have this young child now who is. really going to grow up in a fractured. household. Uh, so I see why the decision. was made and I do think that if you're. going to charge someone as an adult, prosecute them in this way, bring these.

charges, this is the appropriate case. I. are you surprised he was convicted. across the board for this? I I struggle. to find what uh you know a defense would. have been this idea of it being a bad. decision but an accident and I'll play a. little bit uh from what his defense. attorney had to say at sentencing but it. doesn't Were you surprised by this. verdict? I wasn't surprised. And this is. one of the cases that as a defense. attorney, you're looking at and you. really have an uphill battle in terms of.

a defense because uh from the outset, Jesse, you're going to have this uh. really shocked uh reaction from that. jury. They're going to be angry. They're. going to be looking at the defendant as. someone who was very callous and very. reckless with their actions uh and took. uh you know the lives and and really. fractured this family and and uh it. doesn't surprise that he was mean that. he was convicted. It doesn't surprise me. that he was charged in this way. And of. course with a defense attorney, you're.

looking at this case and if your client. wants to go to trial despite this uphill. battle, you're going to do it. Uh but it. was a very tough case for the defense. >> Let's talk about sentencing. So during. the sentencing, Smith actually spoke on. his behalf. But instead of, you know, fully accepting responsibility for what. happened, he pushed back. But even. before we get to that, okay, even before. the hearing officially began, Smith was. asked kind of a routine but important. question. Was he satisfied with his. attorney? This is what he had to say.

>> I said, I I have asked him to do a few. things for me that he haven't did. He I. don't know what's going on. Like at. first it was good, but now I don't know. what's going on. But I've been fighting. my case for two years, your honor. I've. been fighting my case since I was 16. years old. We at we at sentencing now. It's it's almost the end. I don't want. you to feel like I'm trying to prolong. nothing. I'm just ready to get. everything over with. >> Are you satisfied with having Mr. Harvala be your attorney today at.

sentencing right now? >> Yes. It's it's the end. It's up to you, your honor. >> Really? >> Well, you have this he's your third. attorney. Are you you want to proceed. with Mr. Herbal today? >> Yes. Okay. All right. >> Thank you, Judge. >> Okay. So, first of all, how significant. is it legally when a judge asks a. defendant if they are satisfied with. their attorney, if they feel good about. them representing them during the. sentencing hearing, and here you have. the defendant basically say, "Well, he.

could have filed more motions for me, and he really didn't." A what is a court. supposed to do at this point? >> Well, certainly you see this defendant. uh perhaps being savvy enough to uh set. up a challenge to the conviction and. then the sentence uh by you know perhaps. claiming ineffective assistance of. counsel uh and then also potential. issues. >> You mean on appeal? Yeah. >> Yeah. Appallet issues. even before uh. the appeal may make that he may get.

another attorney to make a motion to set. aside the verdict uh and challenge his. attorney's representation uh you know at. the outset and certainly then on a. full-fledged appeal of the case. That. would be one of the appallet issues that. he may want to raise. So uh he is. clearly potentially setting a record at. this point that he may not have been. entirely satisfied with the. representation. Uh, and that could be. issues on appeal uh, and motions. post-trial. >> Should the court have stopped this.

sentencing from moving forward? I. believe they said this was his third. attorney. Or does the court just say, "Listen, I hear what you're saying, but. you're telling me to move forward. nonetheless, or you're saying, you know, it is what it is. At this point, I don't. really know what the court was supposed. to do other than continue forward with. the hearing.". >> Yeah. And Jesse, you make a great point. about this being uh, you know, he had. multiple attorneys. just being perhaps. his third attorney uh in the case at. some point the judge is going to have to. just stop that uh with a defendant and.

if there's a now a rendered conviction a. verdict from that jury and now it's on. the sentencing phase uh it's not always. about the defendant right you know you. have to have justice uh and closure for. this family and I think that's what the. judge is thinking here they're like all. right you may be raising this raise it. on appeal we're going forward with the. sentencing uh and you know there's. certainly a pattern here with this. defendant and the patience of the court. uh may have just been done at that. point. >> Now this sentencing hearing it began and.

it began with heartbreaking victim. impact statements that were read aloud. by the prosecutor and it captures the. depth of this loss. The ripple effect. that this crash had on Faith and. Norman's family. friends described Faith. as a light in their lives, a devoted. wife and mother whose life and the life. of her unborn child were just stolen in. an instant. Norman's injuries, leaving. him unable to move or speak, they were. described as a fate worse than death.

Their toddler son lost the full presence. of his parents in his life. And after. those impact statements, Smith's. attorney rose and he tried to make. whatever plea he could for mercy. He. painted a very different picture. >> It was an accident. It was not a planned. killing. Nobody I mean I've seen cases which are. much much more horrible than this on a. murder too. Travon is a 16-year-old.

law-abiding kid. He has no prior record. whatsoever. Not even traffic tickets. Travion never bore any malice to the. Kinaya family or to anyone else. >> But the prosecutor quickly pushed back. on the defense's argument. didn't mince. words, highlighted that Smith's. statements, attempts to protect his own. rights didn't change the fact that he. had shattered a family. >> Your conduct killed a woman and her. unborn child. You are a murderer.

>> Your honor, the defendant um wants you. to protect his rights. He can't even. make it through a statement to the. family. He can't even express his. condolences without immediately turning. it to himself. This is somebody who we don't have to. worry about in the future. >> And finally, it was Smith's turn to. speak to the court and as he offered. what could be taken as a partial apology. before shifting the focus onto himself.

>> First, I would like to send my deepest. condolences to the family and I wish. faith rest and love in peace. I have. requested for my lawyer, my attorney to. file a motion to preserve my rights. And. I respectfully request that this that. this be. my Oh, my bad, your honor. I'm kind of. nervous. I didn't commit any crimes, so.

I couldn't understand why this happened. to me. I truly don't even understand why. they followed me in the first place, your honor. I am not a murderer of any. kind. And he went on to request the. judge disregard the verdict. Maybe. grandma retrial. Well, what happened? The judge in this case, James Bernat, delivered the sentence. 25 to 40 years. in prison. Imran, going to you. You. think that's the appropriate sentence. here? How long do you think he's going. to serve? It doesn't seem like anything. he could have said or what his defense.

attorney could have said would have. really changed this in any way. I mean, maybe I'm wrong. >> Yeah, I agree, Jesse. you know, the. defense had to, you know, if there are. going to come at following those victim. impact statements, which is very hard. thing to do for a defense attorney when. you have such an emotionally charged. case like this with such a tragic loss. of life. Uh, you know, in a case like. this, you're going to have to try to. argue that it was an accident, right? But this is an accident that is out of.

the negligence reign, which the. prosecutors actually looked at. The jury. looked at this case and agreed that this. is well beyond just an accident and this. was a criminal act. Uh but the defense. had little to work with here. And then. you had the defendant, right, who really. wasn't offering much of a uh sympathy. for the family, wasn't really offering. uh much to indicate that he had remorse. for his actions. that that's going to.

factor in uh when the judge ultimately. is going to be making that decision on. the sentencing here. Uh and that's what. we see here. I actually want to look. back uh at the mugsh shot of this. defendant. Uh and if you look at the. mugsh shot of this defendant, even at. that time fresh, you know, in time to. this horrific tragedy, he sort of has. this smirk. And I think that sort of. carried uh through the trial, through. the prosecution, and ultimately to the. way he addressed the court. So, I'm not.

surprised that he got this time. And I. think he's going to be probably serving. his full sentence. >> Look, you think about the devastation he. left behind. And you talk about whatever. mitigating factors there might be, he he. didn't do himself any favors. And. there's only so much that a defense. attorney can control their client's. statement, right? You could have a. client who said, "What what do you. advise I say? Should I say anything?". But at the end of the day, it's up to. the defendant to say whatever they want. to say that the judge will allow. >> Absolutely. And that's why, you know, you have to know your client. Uh and if.

it seems that they're going to do a. disservice to themselves at the. sentencing phase, uh you may want to. caution them and counsel them uh to. allow you to speak on their behalf, but. ultimately again, it's their decision if. they want to address the court. You. can't stifle that. uh and you just hope. that they're going to be addressing the. court and the victim's families and. showing some remorse for their actions. after a conviction. Um you know. certainly though if there is you taking. it away from this case but in a scenario.

where you are going to appeal the. conviction uh and maintain your client's. innocence you're going to have uh you. know him or her address the court in a. certain way or not at all. In this case, you are hoping that the defendant is. going to rise and look to the jury, look. to the judge, look to the family, and. indicate that they are somewhat. remorseful for their actions. Let's talk. about that because for Faith's family, this hearing, this sentence, this ruling. marked the end of a long trial, but it's. not the end of their grief. On the.

GoFundMe page that was set up after the. crash, a family member shared just how. devastating that night was. Part of it. reads, "It's an absolute tragedy and. nightmare of a situation, but my best. friend and first cousin, Norman, was. driving home from a night out with his. pregnant wife, Faith, and their. 2-year-old son on Saturday, August 12th, 2023, when their car was struck on the. passenger side by another vehicle going. 85 miles per hour, fleeing from the cops. for driving without insurance. The.

toddler suffered fractured ribs and. lacerated organs, but is expected to. make a full recovery, thank God.". Norman, on the other hand, was rushed to. the hospital. At the time that was. posted, Norman was in critical. condition, fighting for his life. But as. of the last update, uh, from August of. 2024, he was released in therapy, has. unfortunately not made very much. progress physically. That GoFundMe has. since raised almost $300,000 with nearly. 300,000 donations and we will continue.

to keep this family in our thoughts and. in our prayers as they try to navigate. through this terrible nightmare. Imran, I'm sorry. Thank you so much for taking. the time. It was good seeing you. >> Thanks for having me, Jesse. >> And that is all we have for you right. now here on Sidebar. Everybody, thank. you so much for joining us. And as. always, please subscribe on YouTube, Apple Podcast, Spotify, wherever you. should get your podcasts. I'm Jesse. Weber. I'll speak to you next time. [Music].