Teen gets 5 years in prison for death

It’s the max for Marqui Conley of Middletown, now 18, who ran over a man last summer.

HAMILTON — A Middletown teen will spend five years in prison for killing a man he intentionally ran down with a car last summer.

Marqui Conley, 18, 806 17th Ave., pleaded guilty last month to involuntary manslaughter in the death of 20-year-old TaShawn Smiley as part of a plea deal before a Butler County grand jury could consider a murder charge against him.

Common Pleas Judge Andrew Nastoff gave Conley the maximum sentence Thursday afternoon.

Middletown police said Conley was driving a green Chevrolet Malibu when he ran over Smiley, who was riding his bicycle, on June 19. Conley, then 17, sped away but was arrested later based on evidence taken off the car and charged in January. His case was bound over from county Juvenile Court so he could be tried as an adult.

Defense attorney David Washington told Nastoff that despite Conley’s juvenile record, the young man, who had a birthday while in jail, “does have potential.”

Washington said Conley has accepted responsibility for his actions. The courtroom was packed with friends and family of both men as Conley apologized to Smiley’s loved ones.

“I apologize for y’all’s loss,” he said, noting it could have happened to any driver and his guilty plea was the first step in turning his life around.

Assistant Prosecutor Brad Burress told the judge he took exception to Washington’s characterization of the incident as an accident. Burress called it a “willful” act.

Before handing down the sentence, Nastoff noted that Conley, even at his young age, had a violent past that included a robbery charge. Nastoff also noted that Conley, after killing Smiley, continued to drive without a license.

“Mr. Conley, I hope you change, but I can’t base my sentence on my hopes,” Nastoff said, adding as far as he was concerned Conley received his break when the charge was lowered to a third-degree felony.

Conley showed no outward emotion, and the crowd remained quiet.

Mary Moore, Smiley’s grandmother, said she couldn’t believe Conley and Washington termed her grandson’s death an accident.

“Even when he said he was sorry, he didn’t sound sincere,” she said. “He has a while to think about it now. I do hope he is a better person when he comes out.”

County Prosecutor Michael Gmoser said Conley admitted “criminal recklessness” in Smiley’s death. He pointed to “abject uncooperation from citizen witnesses” as the reason the prosecution did not go forward with a murder charge against Conley.

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