Christopher Smarr gets 45 years to life for 2015 murder at New Stanton hotel

A McKeesport man will serve at least 45 years in prison for the 2015 fatal shooting of a New Kensington man in a New Stanton motel.

Christopher Smarr, 20, was convicted in late 2016 of first-degree and second-degree murder for killing 31-year-old Brandon Gray during a drug deal at the Garden Inn. Because Smarr was 17, just weeks shy of his 18th birthday, at the time of the homicide he was ineligible for a mandatory life sentence without the possibility of parole for the first-degree murder.

During a three-day sentencing hearing that concluded Thursday, the prosecution contended Smarr's lengthy criminal record as a juvenile as well as history of violence during incidents while he has been held at the county jail, warranted a life prison term.

Westmoreland County Common Pleas Judge Meagan Bilik-DeFazio ruled that despite Smarr's criminal record he might still be able to be rehabilitated while in jail. “The prosecution has not proved the defendant was one of the rare children unable to change, beyond a reasonable doubt,” the judge said as she imposed Smarr's sentence of 45 years to life.

Smarr was the first man sentenced in the county under the state's new guidelines governing how juveniles are sentenced in murder cases. Where adults convicted of first-degree murder face mandatory life sentences without the possibility of parole, those who were under 18 at the time of the crime face mandatory minimum terms that allow them to be paroled after 35 years.

The judge said the former juveniles are presumed to be eligible for parole. It's up to prosecutors to prove otherwise, she said.

In Smarr's case, the prosecution presented evidence of various violent crimes and incidents of violence against guards and inmates at the county jail. A psychiatrist testified this week that Smarr could not be rehabilitated in prison.

“Let's not forget that somebody is dead here and there is no remorse here,” Assistant District Attorney Adam Barr said.

Defense attorney Mike DeMatt argued that it was impossible for anyone to say with certainty that Smarr could not be rehabilitated and that he had a tragic upbringing when he saw the attempted murder of his mother and his brother left paralyzed in a shooting.

“Is a 60-year-old Christopher Smarr going to be same person who was in that motel in New Stanton? He will be a completely different person. Life without parole obliterates any potential. It's all gone,” DeMatt said.

Rich Cholodofsky is a Tribune-Review staff writer. Reach him at 724-830-6293 or rcholodofsky@tribweb.com.