INTHE CIRCUIT COURT OF KANAWHA COUNTY, WEST VIRGINIA IN THE INTEREST OF: Case No.: 2020-JD-129 Counts 1, 2,3 and 4 (Judge: Kenneth D. Ballard) GAVIN BLAINE SMITH ‘A Child Under the age of Fighteen ORDER GRANTING PETITIONER’S MOTION TO TRANSF! On the 8" day of March, 2022, came the Petitioner, by Donald P. Morris and Judson C. MacCallum, Assistant Prosecuting Attorneys, in and for Kanawha County, West Virginia; also ‘came the Respondent, GAVIN BLAINE SMITH, in person and by his counsel, John P. Sullivan and Allen E. Barry, pursuant to the State’s motion to transfer the above-styled action to the criminal jurisdiction of the Court. ‘Whereupon, the State presented its case in chief, which consisted of five witnesses, Kanawha County Sheriff's Department Detectives, RS. Alford, J.A. Payne and M.P. Knapp. ‘Also testifying were Sydney Jenkins and Brian Clemons of the West Virginia State Police Forensic Laboratory. The juvenile respondent presented no witnesses on his behalf. In consideration of the evidence presented to the Court, the arguments by counsel for the parties, and the entire record in this case, the Court hereby makes the following findings of fact: 1. That the evidence shows that on or about December 9", 2020, the victims Daniel Dale Long, Risa Mae Saunders, and juveniles G.R. and J.L. were killed as a result of being shot with a firearm; 2. That the alleged offense occurred 1384 Cemetery Hill Drive, Elkview, Kanawha County, Page 1 of 3West Virginia; ‘That GAVIN BLAINE SMITH was discovered hiding behind a dresser in a third-floor room of a house on River Haven Road, Clendenin, Kanawha County WV. Several articles of clothing were on or near GAVIN BLAINE SMITH when discovered by law enforcement, Those articles of clothing tested positive for the presence of blood. Further testing indicated a match of the blood on the clothing to those of the juvenile victims G.R. and JL. ‘That Facebook records between the GAVIN BLAINE SMITH and Rebecca Lynn Walker indicated that GAVIN BLAINE SMITH was traveling from his residence in Elkview to River Haven Road in Clendenin, That in those records, a person who identifies as “Gavin” admits to shooting the juvenile victim J.L. ‘That GAVIN BLAINE SMITH was at least fourteen (14) years of age, but less than eighteen (18) years of age at the time of the alleged offense. WHEREFORE, based upon the evidence presented and the arguments of counsel, the Court makes the following conclusions of law: 1 ‘There is probable cause to beliave that on or about December 9, 2020, GAVIN BLAINE ‘SMITH committed the crimes of murder in Kanawha County and that these murders were committed on Daniel Dale Long, Risa Mae Saunders, and juveniles G.R. and J.L.; Further, the State has shown by clear and convincing evidence that grounds for transfer exist pursuant to W. Va. Code § 49-4-710(4)(1) in that probable cause was found on the underlying offense and the juvenile was showm to be between the ages of 14 and 18 at the time it occurred; Page 2 of 33, Having found probable cause to believe that murders were committed, and that GAVIN BLAINE SMITH committed them, this Court has a mandatory duty under W. Va. Code § 49-4-710 (4)(1) to transfer this proceeding to the criminal jurisdiction of the Court, In consideration of all the foregoing, the Court concludes that the State of West Virginia thas presented evidence sufficient to warrant a prudent person in the belief that GAVIN BLAINE SMITH committed the offenses of Murder (W.Va. Code §61-2-1), which shall be transferred to the criminal jurisdiction of the Court. It is therefore ORDERED that the above-styled petition be transferred to the criminal jurisdiction of the Court and thet the prosecution proceed thereon in the manner provided by law. ‘The Defendant shall be held in detention without bail pending further proceedings in this case. The Court notes the OBJECTIONS and EXCEPTIONS of the juvenile respondent to all of the findings and rulings contained herein. It is further ORDERED that the Circuit Clerk send a copy of this ORDER to all parties of record. ENTERED, March 9th day of KENNETH D. BALLARD, JUDGE) ‘Thirteenth Judici it PREPARED BY: INSPECTED BY: ro - VA DONALD, MORRIS (WVSB # 2635) i JUDSON C. MACCALLUM (WVSB 11632) fX'P. SULLIVAN (WVSB # 6808) ‘LEN E. BARRY (WVSB # 10787) ‘Assistant Prosecuting Attorneys in and for ‘Deputy Public Defenders Kanawha County, West Virginia P.O, Box 2827 301 Virginia Street, East Charleston, WV 25330 Charleston, WV 25301 Counsel for Juvenile Respondent Page 3 of 3