A press release from the McHenry County State’s Attorney’s Office:
KENNETH SMITH SENTENCED FOR THE THIRD TIME TO 67 YEARS IN PRISON FOR THE OFFENSE OF FIRST DEGREE MURDER
Louis A. Bianchi, McHenry County State’s Attorney, announces that 35 year old Kenneth Smith was sentenced for the third time to 67 years in prison for the offenses of first degree murder and attempt armed robbery.
Smith has been found guilty three times of the March 6, 2001 murder of Raul Briseno at the Burrito Express Restaurant in the City of McHenry.
In 2003, and again in 2008, a McHenry County jury convicted Smith of shooting Briseno with a .22 caliber pistol in the course of robbing his restaurant.
Both convictions were overturned by an Illinois Appellate Court.
On February 29, 2012 a third jury convicted Smith of the crime bringing the total to 36 people of this community who heard the evidence and were convinced beyond a reasonable doubt of his guilt.
Today, Judge Sharon Prather once again sentenced the defendant to a term of 67 years in the Illinois Department of Corrections for the offense of first degree murder with a concurrent 7 year sentence for the offense of attempt armed robbery.
Under truth in sentencing guidelines the defendant must serve the entire 67 years before he is eligible for parole.
The case was prosecuted by Assistant State’s Attorneys
- Michael Combs
- David Johnston and
- David Metnick
and was investigated by the City of McHenry Police Department with the assistance of the McHenry Investigative Assistance Team.