Governor Rendell Announces Commutations

HARRISBURG, Pa., Dec. 30, 2010 /PRNewswire-USNewswire/ -- Governor Edward G. Rendell today announced that he has commuted the life sentences of Tyrone A. Werts, William Fultz and Kevin O. Smith, all of Philadelphia.

The three men were recommended for commutation by 4-0 vote of the Pennsylvania Board of Pardons on Dec. 14. A fifth member was not present.

None of the men was convicted of being the shooter or triggerman in the crimes for which they were sentenced to life imprisonment; they played ancillary roles. In each case, those who played a more significant role received the same or lighter sentences, or ended up serving shorter terms, the Governor noted.

Werts and Smith rejected plea bargains that would have given each a sentence of no more than 10 to 20 years; Fultz rejected a plea bargain with a sentence of 9-1/2 to 23 months.

Werts, 59, was sentenced in 1976 for his role in a 1975 robbery and fatal shooting at a gambling house in Philadelphia. Werts, who was 23 at the time, remained outside in the car while accomplices carried out the crime. They also received life sentences.

Smith, 55, was sentenced in 1975 for serving as a lookout during a 1974 robbery in which a Philadelphia flower shop owner was killed. Smith, age 19 at the time, had no prior criminal record. Smith's co-defendants also received life terms.

Fultz, 58, was sentenced in 1976 for his role in a 1974 killing in Philadelphia. Two other men performed the killing; Fultz disposed of one of the weapons. Fultz, who was 22 when the crime occurred, had no prior adult criminal record. His co-defendants were also sentenced to life in prison.

All three men must now spend one year in a pre-release center before they are eligible for parole consideration. Commutation can be revoked if the men are convicted of future crimes upon a recommendation of the Board of Pardons.

Governor Rendell previously commuted the sentences of two other men, George Orlowski and Michael Anderson, bringing to five the total number of commutations he has granted during his two terms as governor.

Media contact: Gary Tuma, 717-783-1116

Editor's Note: Text of the Dec. 30 commutation warrants follows.

Werts Order

Whereas, In the Court of Common Pleas in and for the County of Philadelphia held at Philadelphia in said County docketed to number OTN:  Z755760-5 a certain Tyrone Werts was convicted of the crimes of Murder II, Robbery, Possession of an Instrument of Crime, Prohibited Offensive Weapons and Criminal Conspiracy and the said Court on the 16th day of June A.D. one thousand nine hundred and seventy-six thereupon sentenced him to life in prison for Murder II and five (5) to ten (10) years in prison to run consecutive for Criminal Conspiracy and Robbery.

And Whereas, The Board of Pardons, after full hearing, upon due public notice, and in open session, have recommended to me, in writing, with the reasons therefor, the commutation of a life sentence to life on parole and commutation of the consecutive sentences to terms of time served, if any, of the said Tyrone Werts which recommendation and reasons have been filed in the office of the Lieutenant Governor.

Therefore, know ye, that in consideration of the premises and by virtue of the authority vested in me by the Constitution, I have commuted the sentences of the said Tyrone Werts from a term of life imprisonment to a term of twenty-four (24) years to life on parole and the consecutive sentences to terms of time served, if any, upon the following conditions: (1) that Tyrone Werts shall not be released on parole until after he has served at least one (1) year in a prerelease center unless he cannot be appropriately transferred to a prerelease center due to a certified terminal illness; and (2) in the event Tyrone Werts is ever convicted of any criminal offense or has violated the terms and conditions of his parole after the date affixed below, this grant of clemency may be rendered null and void by myself or by my successors in office, upon recommendation of the Board of Pardons, after a public hearing.

Given under my hand and the Great Seal of the State, at the City of Harrisburg, this 30th day of December in the year of our Lord two thousand and ten.

By the Governor:  (signed) Edward G. Rendell

Smith Order

Whereas, In the Court of Common Pleas in and for the County of Philadelphia held at Philadelphia in said County docketed to number OTN:  Z758072-0 a certain Keith O. Smith was convicted of the crimes of Murder II, Robbery and Criminal Conspiracy and the said Court on the 5th day of May A.D. one thousand nine hundred and seventy-five thereupon sentenced him to life in prison for Murder II and ten (10) to twenty (20) years in prison to run concurrent for Robbery and Criminal Conspiracy.

And Whereas, The Board of Pardons, after full hearing, upon due public notice, and in open session, have recommended to me, in writing, with the reasons therefor, the commutation of life sentence to life on parole of the said Keith O. Smith which recommendation and reasons have been filed in the office of the Lieutenant Governor.

Therefore, know ye, that in consideration of the premises and by virtue of the authority vested in me by the Constitution, I have commuted the sentence of the said Keith O. Smith from a term of life imprisonment to a term of thirty-five (35) years to life on parole upon the following conditions: (1) that Keith O. Smith shall not be released on parole until after he has served at least one (1) year in a prerelease center unless he cannot be appropriately transferred to a prerelease center due to a certified terminal illness; and (2) in the event Keith O. Smith is ever convicted of any criminal offense or has violated the terms and conditions of his parole after the date affixed below, this grant of clemency may be rendered null and void by myself or by my successors in office, upon recommendation of the Board of Pardons, after a public hearing.

Given under my hand and the Great Seal of the State, at the City of Harrisburg, this 30th day of December in the year of our Lord two thousand and ten.

By the Governor: (signed) Edward G. Rendell

Fultz Order

Whereas, In the Court of Common Pleas in and for the County of Philadelphia held at Philadelphia in said County docketed to number OTN:  Z600744-4 a certain William Fultz was convicted of the crime of Murder I and the said Court on the 26th day of June A.D. one thousand nine hundred and seventy-five thereupon sentenced him to life in prison for Murder I.

And Whereas, The Board of Pardons, after full hearing, upon due public notice, and in open session, have recommended to me, in writing, with the reasons therefor, the commutation of life sentence to life on parole of the said William Fultz which recommendation and reasons have been filed in the office of the Lieutenant Governor.

Therefore, know ye, that in consideration of the premises and by virtue of the authority vested in me by the Constitution, I have commuted the sentence of the said William Fultz from a term of life imprisonment to a term of thirty-five (35) years to life on parole upon the following conditions: (1) that William Fultz shall not be released on parole until after he has served at least one (1) year in a prerelease center unless he cannot be appropriately transferred to a prerelease center due to a certified terminal illness; and (2) in the event William Fultz is ever convicted of any criminal offense or has violated the terms and conditions of his parole after the date affixed below, this grant of clemency may be rendered null and void by myself or by my successors in office, upon recommendation of the Board of Pardons, after a public hearing.

Given under my hand and the Great Seal of the State, at the City of Harrisburg, this 30th day of December in the year of our Lord two thousand and ten.

By the Governor:  (signed) Edward G. Rendell

SOURCE Pennsylvania Office of the Governor