Brother of Gail Smith Pleads Guilty to Criminal Murder Solicitation

In a late afternoon decision, the brother of murdered Berryville Councilwoman, Gail Smith has been sentenced to two years in prison after pleading guilty to a murder solicitation charge in the case. Timothy R Smith Jr. of Burkeville, VA appeared in Nottoway County Circuit Court on Wednesday, August 4th and agreed to the plea deal. According to court records, Timothy Smith was sentenced to 10 years in prison. Eight of the ten years were suspended leaving a two year sentence prison term, followed by two years of supervised probation A second conspiracy charge was dropped as part of the agreement.

Three other individuals still face charges in the killing. Gail Smith’s sister, Deborah Smith, has been charged with conspiracy to kill her sister and has a hearing scheduled for Sept. 7. Robert Edward Poley is also charged with conspiracy to kill Smith and has a scheduled court hearing Aug. 26. Edward Visosky III, who also faces a conspiracy charge, has a trial date scheduled for Aug. 16. No one has been charged directly with the murder.

Gail Smith was found dead in her home on July 30th of 2009. The murder rocked Berryville, and has hung over the community as an unsolved mystery. Smith’s house on Picket Court has been empty since the murder and serves as a stark reminder of the tragedy and the ongoing investigation.


  1. 2 YEARS?????

  2. I agree. Two years?? That is a gross miscarriage of justice. Who in the world would think that 2 years is an appropriate sentence for such a horrible crime? This makes me sick.

    • Doug Landry says:

      I believe that this conviction is for an attempt to arrange her murder that is not directly related to her actual murder. THAT one is still pending, if I’ve been following the details correctly. THIS conspiracy never came to fruition, so that is why 2 years was handed down.

      CDN Editor: To date, there has been no indictment filed for the murder of Gail Smith.

      • I believe Doug is partially correct. This is for a 2008 “failed attempt” at conspiracy to hire for murder. However, I do not see any further pending indictments against Timothy Smith, Jr. in the Virginia online court records.

        I guess they are separating out this failed attempt from her actual murder (as noted by CDN).

        Also, apparently this wasn’t a “deal” to get more information as it appears on the surface. One wonders how someone only serves 2 years for a failed conspiracy to commit murder?

        CDN will have to investigate further for us….(smile)

        • You are correct. The conviction was for conspiring to have her murdered. This plan was only talked about and planned, but never actually attempted. When you put aside the fact that she was actually murdered, two years for simply talking about something is pretty substantional. Considering she was murdered and it’s pretty apparently who planned it, two years seems light but in this particular situation those two things are like apples and oranges. I feel confident though that he will be indicted at some point for the actual murder. At least until then, he is behind bars and NOT getting what he ultimately wanted, control of his fathers estate.

      • Regardless…

  3. Thank you both for the further info. She was a friend and I still miss her terribly.

  4. Concern Family Member says:

    The case is garbage think about it. If someone gets two years for a politicians murder. The evidence is sketchy at best. By they way if he already has priors he might of took the deal without any involvement. I just hope that all the evidence is put on the table eventually so that the family can be vindicated. This is a hot mess and amazing the family is the only target in a politicians death. That just doesn’t even sound right.

    • Naked Truth says:

      If you are a family member, you should ask Timothy why he conspired to kill his sister. That is a better question.

  5. Someone With a Question says:

    Does anyone know Gail Smiths background prior to 1990s? Family life? Husband(s)? Relationship with any recent mates? Have they stepped forward? Have there been prior attempts on her life before her political career? Has she ever had any issues concerning anyone and the law? Research is a heck of a tool.

    • Naked Truth says:

      Come on now. The only people how had a gripe with Gail are her own siblings. Sad but true. I think the investigation was and is in the right direction. Politics, Really?

  6. I know a heck of a lot about Gail’s personal life….I had never known someone who was so giving of themselves. She had her hand in every charity work there was to do in Berryville including working for the Shenanadoah Area Agency on Aging. Do you think they just hire any person who walks in the door to run their senior center for Alzheimer patients/dementia program??

    I also know a heck of a lot more about the case than most. Tim will get just what he deserves…..Police want to make it a slam dunk this time. Politics, please……..give us all a break…