WINSTON-SALEM — Kalvin Michael Smith, a Winston-Salem man convicted in a 1995 assault, has been released from prison after a judge granted him time served this week.
Just before noon, Smith walked out of the Forsyth County Correctional Center a free man, but he says his fight is not done yet.
"It feels good to be free, but the main thing is proving my innocence," Smith said as he left the prison.
Smith has said he is innocent of an assault at the Silk Plant Forest store that left Jill Marker with serious brain injuries.
Smith, and several advocacy groups have vowed to continue fighting for his exoneration. For now, Smith says he's thankful for the people who have helped him get this far.
"That's the most important thing, the ones who stood beside me," he said. "I appreciate everything all the supporters have done for me, all the people who believed in me."
Smith also said his battle will not stop with his own exoneration.
"[I will] continue the fight and help other people that's been through my predicament and prove my innocence," he said as he got into a car and left the prison site.
11:40 Thursday
Kalvin Michael Smith's release from prison is imminent.
Just got word Kalvin Michael Smith will be released in the next minute. @WFMY
— Patrick Wright (@ptwright) November 10, 2016
Wednesday
A Judge granted a shortened sentence for Kalvin Michael Smith in the Silk Plant Forest case Wednesday. WFMY News 2's Patrick Wright reports Smith could be released from prison as early as Thursday.
#BREAKING: Judge grants shortened sentence for Kalvin Michael Smith in Silk Plant Forest case. Could be released today. @WFMY
— Patrick Wright (@ptwright) November 9, 2016
Smith was given a 29-year sentence after a jury convicted him of assaulting Jill Marker at the Silk Plant Forest store in Winston-Salem back in 1995.
Investigators say the attack left Marker blind, brain damaged and permanently disabled.
Wednesday, Judge Todd Burke heard a motion that stated Smith's trial attorney in 1997 failed to introduce factors that could have led to a shorter sentence for Smith. Those factors included Smith's family support, work record and good behavior.
Burke said, had that information been released in 1997, the sentence would have been 82 to 108 months. That term would have ended in May 2016, so the judge granted Smith time served.
After the hearing, Smith's father, Augustus Dark, told WFMY News 2 he's excited to finally have his son home.
"There's no way in the world I can tell you what 20 years of this has been like," he said. "Not having my son, who's innocent, incarcerated and away from his family, it's just been a day-to-day turmoil just worried about his safety. But, on this day, God provided and he sent my son home."
Smith's attorney, Walter Holton told WFMY News 2 he expects Smith to be released from the Forsyth County Correctional Center Thursday, once the necessary paperwork is completed.
For the past decade, several organizations have advocated for Smith's release saying he was wrongly convicted. This summer, the NAACP sent letters to Governor Pat McCrory and Attorney General Roy Cooper asking them to review the case.
Thursday, Rev. William Barber of the state's NAACP said he and several other advocacy groups will continue to fight until Smith is exonerated.
We'll have more on this story as it develops.
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