McHenry County Blog

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.

Kenneth Smith

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.

Kenneth Smith

A press release from the McHenry County State’s Attorney’s Office:

Louis A. Bianchi, McHenry County State’s Attorney, announces that 35-year old Kenneth Smith was found guilty of First Degree Murder and Attempt Armed Robbery.

The evidence at trial proved beyond a reasonable doubt that the defendant shot Raul Briseno outside of the Burrito Express Restaurant in McHenry on March 6, 2001.

Lou Bianchi

The jury deliberated approximately 20 hours before rendering the verdict.

A sentencing hearing will be held April 26, 2012 at 1:30 p.m.

“I’m happy about the decision of the jury. It’s a good decision not only for the community, but for the lawyers in our office.

“Thirty-six people have now found Ken Smith guilty of murder. It’s important to our community to know that we have a lot of competent lawyers in our office fighting to keep our community safe and a good place to raise a family.

“Nick Combs is one of the finest attorneys in the State of Illinois and I’m proud to work with him.”

The case was prosecuted by Assistant State’s Attorneys Michael Combs, David Johnston and David Metnick and was investigated by the McHenry City Police Department with the assistance of the McHenry Investigative Assistance Team.