Killer's release sickens prosecutor

I am passing along an extremely disappointing decision from the Indeterminate Sentence Review Board (ISRB), involving a matter I recently handled.

In 1997, Adam Betancourt, then almost 17, along with another juvenile shot and killed an 89- and 88-year-old Quincy couple. The case eerily reminds me of Truman Capote’s movie “In Cold Blood.” Betancourt and co-defendant Donald Lambert killed Homer and Vada Smithson, who had just celebrated their 70-year wedding anniversary. Betancourt and Lambert broke into the Smithson house and began shooting the couple, who were sleeping in their bed. After running out of bullets, Betancourt and Lambert ran back outside to reload their guns. Mrs. Smithson, who was shot multiple times, somehow managed to get out of bed to make it to the kitchen to call her son for help. Betancourt and Lambert re-entered the house and gunned down Mrs. Smithson as she was on the phone with her son, pleading for her life.

Betancourt was originally charged with two counts of aggravated murder in the first degree with deadly weapon enhancements. At the time, this would have resulted in a life in prison sentence without the possibility of parole. Betancourt negotiated a plea to plead guilty to one count of first-degree murder and testify against his co-defendant, Lambert, in exchange for a 600-month sentence.

Betancourt was a Sureños gang member, as is most of his family. There was no real motive for the murder other than to steal some minor items from the victim’s garage. The Smithson’s had befriended Betancourt and helped him in the past. Betancourt admitted that he had burglarized multiple properties around Quincy prior to the night of the murders. Between 1997 and 2012 Betancourt had 56 serious violations while in prison. Betancourt’s prison behavior magically improved after Miller v. Alabama was decided. Weird.

The Smithson family vehemently opposed Betancourt’s release. I wrote a very strong letter to the Board in opposition to his release. The family and I spoke to the Board virtually. Two clinical psychologists tested, evaluated, and wrote reports in 2018 and 2020. Both opined that Betancourt has a 60% chance of violent re-offense within 12 years. Notwithstanding these opinions, the ISRB decided Betancourt should be cleared for release.

I will end this by simply saying that the Smithson family is devastated by the actions of the Board and has lost all faith in the judicial system. The ISRB process of reviewing criminal sentences every five years and dragging the family back to these hearings to relive their tragedy is cruel and wrong.

Another troubling aspect of this case was the actions of the Attorney General’s office. Following the previous 2018 parole hearing, the AG’s cut a deal to allow Betancourt to have an expedited hearing in 2021, rather than 2023 (five years), without letting the family know. Apparently, the matter needed to be heard expeditiously. After all, we don’t want the poor boy to get COVID in prison.

As I am nearing the end of this process and hoping to ride off into the sunset, I wish you all well in dealing with future actions by our legislature and/or administrative boards. I am truly sickened and disgusted by this result and doubt I will ever be able to get the taste out of my mouth. (Nothing like a reformed defense lawyer being elected prosecutor.)

Good luck to you all.

Yours Very Respectfully and Sincerely,

Garth Dano

Grant County

Prosecuting Attorney