HUNTINGTON, W.Va. (WSAZ) -- A Huntington man has received the maximum penalty for murdering his wife.
Wednesday morning, Harry Smith, 69, was sentenced to 40 years in prison for shooting his wife in the face at point blank range.
The sentencing hearing took place in Cabell County Circuit Court where in November a jury convicted Smith of second degree murder in the death of his wife, Constance "Kay" Smith.
The murder happened at the couple’s home on East Pea Ridge in Barboursville in July 2011. Mrs. Smith was 62 years old.
Before the sentence was handed down, a family member of Kay Smith addressed the court, pleading for a strong penalty for the life that was taken.
"Kay is gone. I'll never get to see her and talk with her and her grandchildren will never get to see her sitting in the stands watching them play ball or in the band like we used to do. She was a rock of our family, she was the one that kept us going at times," said Sheila Burns
Smith was also given a chance to address the court. He said he loved his wife and had been wrongly convicted.
“I feel like I have been falsely accused and wrongly convicted of a crime I did not commit. I admit it was my fault but it sure was not intentional," Smith said.
On his way out of the courtroom Smith turned to his family and asked, "Can you believe this?"
During the hearing, Smith's attorney asked for the verdict to be set aside and a new trial be granted on the basis that hear say testimony was allowed during the trial. Judge Alfred Ferguson denied this motion.
Smith's attorney then asked the court for home confinement saying that Smith was not a threat to anyone and that Smith would probably die in prison if sent there. That motion was also denied.