Eyota teen sentenced to 10 years for his brother's death

Emily Cutts, Post-Bulletin, Rochester, Minn.
·4 min read

May 27—An Eyota teenager was given a 10-year prison sentence for the murder of his younger brother nearly a year ago in what the judge called one of the "most chilling and profoundly sad cases" in his 40-year legal career.

Kaleb Wolfe Smith, 18, pleaded guilty to first-degree manslaughter in connection to the June 2020 death of his 5-year-old brother, Alex James Smith. He was sentenced Thursday morning in Olmsted County District Court by Judge Kevin Lund to 120 months in state prison.

Minnesota sentencing guidelines say two-thirds of a prison sentence must be served in custody while the remaining third may be served on supervision.

Olmsted County Sheriff's deputies and Eyota Ambulance were called on June 1, 2020, to the 300 block of Second Street Southwest for a report of a 5-year-old boy who was not breathing. Lifesaving efforts were attempted on scene. Alex James Smith was pronounced dead at Mayo Clinic Hospital-Saint Marys. The children's mother was doing yardwork at the time of the incident, she said in court.

Preliminary results of an autopsy conducted by the Southern Minnesota Regional Medical Examiner's Office indicated that the boy's brain exhibited swelling consistent with hypoxia, or oxygen deprivation, by smothering. Shortly after the incident, Kaleb Smith admitted to law enforcement that he pinched his brother's nose shut and covered his mouth for one to two minutes, according to court documents.

A mother speaks

Alex was two weeks away from his 6th birthday that June day, his mother Mischea Smith told the court.

"The terrible despair of having to prepare for his funeral instead of his birthday that week was a crushing tragedy that no mother should ever have to go through," she said. "Your honor, I wish I could hear Alex's little voice again. I wish I could tell him that I love him. I wish our family hadn't been torn apart by all of this, but it has."

Mischea Smith spoke of how the Alex's death impacted herself and her other children and the work she has done in the almost year since the incident.

"I lost two sons that day and all that I have left of my son Alex is a few mementos and his urn with his ashes and all that I have left of my son Kaleb is broken dreams and hopes that I had had for him and his future," she said. "I hope that he will continue getting the help that he needs and I hope that he will be safe and secure at that facility because the fear of my family of having him come physically near us affects many aspects of our life."

Before handing down his sentence, Lund commended the mother and all those involved in the case for the work that they had done.

"This is one of the most chilling and profoundly sad cases in my 40 years in the legal profession," Lund said. "A child, even though Kaleb is over the age of 18, Kaleb has severe mental health and a trauma background and he is being sentence here today as an adult for the death of his younger brother."

"Ms. Smith, I cannot fathom the depth of your grief. Grief for Alex who has been killed at the hands of your son Kaleb. And yet you also have grief for Kaleb, as well," Lund said. "I don't pretend to understand how you have been able to deal with that. And I appreciate you bringing up the seismic effect that this kind of inexplicable conduct has caused to your children, and your extended family and to the community at large who knows your family and cares about you and cared about Alex and I suspect to a certain degree about Kaleb.

"The only comfort I take is that your son Kaleb is in the appropriate place and has been for a period of time and that he will ultimately receive the treatment he needs to overcome all of the mental health and other issue he has confronted in his life," Lund said.

Kaleb's sentence

The 120-month sentence is an aggravated sentence, which means it is above the guideline sentence for the particular offense for a person with a similar criminal history score of zero. In handing down the aggravated sentence, Lund found that Alex was particularly vulnerable; the crime was committed in a place that Alex had an expectation of privacy; and that Kaleb was in a position of authority over Alex.

Kaleb Smith, who was found to have a mental illness and dangerous to the public, has been receiving treatment at a secured facility and will remain there rather than be transferred to a state prison.

If the psychiatric commitment were to end before two-thirds of his prison sentence has passed, Smith could be ordered to serve the remaining time in prison. Attorney David Jones, who represents Smith in the civil commitment matter, told the court Thursday that there was very little likelihood Smith would conclude his commitment in 80 months.

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