Third Time Is Not Always A Charm

 The saying that the “the third time is a charm” does not always hold true.

Thirty-five year old Kenneth Smith was recently sentenced, for the third time, to 67 years in prison for first degree murder and attempted armed robbery which took place March 6, 2001 at the Burrito Express Restaurant, McHenry.  

Smith was found guilty in 2003, and again in 2008. Both times, a McHenry County jury convicted Smith of shooting Breseno with a 22 caliber pistol in the course of robbing the restaurant.

Both convictions were overturned by an Illinois Appellate Court. On February 29, 2012 a third jury convicted  Smith of the crime bringing the total of 36 people of this community who heard the evidence and were convinced beyond a reasonable doubt of his guilt.

Today, Judge Sharon Prather once again sentenced the defendant to a term of 67 years in the Illinois Department of Corrections for the offense of first degree murder with a concurrent seven-year sentence for the offense of attempted armed robbery.

Under truth in sentencing guidelines the defendant must serve the entire 67 years before he is eligible for parole.

The case was prosecuted by Assistant State’s Attorneys Michael Combs, David Johnston and David Metrick and was investigated by the City of McHenry Police Department with the assistance of the McHenry Investigative Assistance Team.