Commonwealth v. Kyle Delano Smith; Armed Robbery of “Papa Joe’s Smoke Shack” Draws 10 Year Sentence

Tuesday, November 22, 2011

Harvey L. Bryant, Commonwealth’s Attorney for the City of Virginia Beach, announced today that Kyle Delano Smith, 21 years old, who previously resided in the 1200 block of Ferndale Court in Virginia Beach, Virginia, was sentenced today by Circuit Court Judge Les L. Lilley on charges of Robbery, Use of a Firearm, Wearing a Mask in Public and Conspiracy.  Judge Lilley sentenced Smith to a total of 17 years in the Department of Corrections with seven (7) years suspended, leaving him ten (10) years to serve. Judge Lilley sentenced Smith above the Virginia State Sentencing Guidelines, which recommended a term of incarceration of no more than seven (7) years and six (6) months.  Smith pled guilty on July 12, 2011.                     

 

Had this matter gone to trial, the Commonwealth’s evidence would have proved that on the morning of January 20, 2011, Olivia Weir entered the Papa Joe’s Smoke Shack on S. Lynnhaven Road in Virginia Beach and asked the clerk how much a blunt cost.  She then went back to the car where co-defendants Kyle Smith and Matthew Turner waited. Minutes later, Smith put on a mask and robbed the store at gunpoint as Turner acted as a lookout outside the building.  The two men fled in the getaway car driven by Weir. 

 

On January 21, 2011, video from the robbery was released to the media and a tip was received identifying Olivia Weir.  Investigation by the Virginia Beach Police Department led to a search at a local hotel room where the defendants were staying.  Clothing worn in the robberies, the handgun, money, and property belong to the victims was recovered from the hotel room. 

 

Matthew Turner and Olivia Weir pled guilty to their role in this crime as well as additional robberies in Virginia Beach in January 2011.  Turner pled guilty to four (4) counts each of Robbery and Use of a Firearm, two (2) counts of Conspiracy, and one (1) count of Wearing a Mask in Public.  He is scheduled to be sentenced January 11, 2012.   Weir pled guilty to three (3) counts each of Robbery, Use of a Firearm, and Conspiracy.  On November 1, 2011, Circuit Court Judge Frederick B. Lowe sentenced Weir to a total of 43 years in the Department of Corrections then suspended 27 years, leaving her 16 years to serve.

 

Kyle Smith’s prior record includes convictions for three (3) counts of Credit Card Fraud, two (2) counts of Entering a Vehicle to Commit Mischief, and one (1) count of Petit Larceny.

 

The case was prosecuted by Senior Assistant Commonwealth’s Attorney Vivian F. Henderson.  Please contact Macie Pridgen if additional information is desired.​

 

​​​​​​​​​​​​​​​​​