Cape police quietly solve homicide, no murder charge

For more than three years, the shooting death of Howard Harris Smith Jr. has been listed as one of Cape Girardeau’s unsolved homicides even though police quietly solved the case.

Howard Smith Jr.

The person, recently identified by police chief Wes Blair as the shooter, has not been charged with killing Smith.

Felice Patton, founder and leader of a south-side community group working to reduce violence in the neighborhood, said she was never told by police the case was solved.

Patton, who heads up Cape Girardeau’s Stop Needless Acts of Violence Please (SNAP) organization, which is supported by the Community Counseling Center, said she learned the news from a Southeast Missourian reporter. Part of SNAP’s objective is to encourage the south-side community to work with law enforcement to bring criminals to justice and make the neighborhood a safer place.

Felice Patton poses for a photo Oct. 19 at Baristas Coffee Bar in Cape Girardeau.KASSI JACKSON

“That is not right,” she said, insisting police should have shared that information with the victim’s family, SNAP and the public.

“That is something the public needs to know,” Patton said, adding her group wants Cape Girardeau’s unsolved killings solved.

Victims’ families remain “heartbroken” over the deaths, she said.

Patton said she talked to Smith’s two adult daughters last July and last fall spoke with one of Smith’s grandmothers. Patton said, based on those conversations, she doesn’t believe police informed family members the case had been solved.

SNAP has long viewed Smith’s death as an “unsolved murder,” one of 10 dating back to 2008. Pictures of the victims line the front window of SNAP’s headquarters at 402 S. Sprigg St.

Smith, 42, was shot and killed at 9:43 p.m. Oct. 6, 2015, near 911 Ranney Ave. Police found Smith’s body lying face down on a slight embankment in the yard.

Jarvis Patterson

Police took a person of interest into custody six days later. As part of an investigation by the area’s major case squad and Cape Girardeau police, Jarvis Patterson was arrested Oct. 21 and charged in circuit court with unlawful possession of a firearm.

Blair said the case has been solved.

“The decision whether or not to file murder charges is not made by the police,” he said. “That is a decision made at the prosecutorial level.”

The county prosecutor found there was “insufficient evidence to refute Patterson’s claim of self defense” in the shooting of Smith, Blair said.

But there is no statute of limitations on murder. Blair previously has said murder charges could be filed later in any homicide if new evidence surfaces.

Patterson pleaded guilty to the gun charge in federal court. He was sentenced April 28, 2017, to three years in prison, to be followed by three years of supervised release, court records show.

Federal prosecutors had argued for a lengthier sentence, noting Patterson had a criminal history before the shooting.

According to a memorandum to the court, Patterson was convicted of second-degree domestic assault in Dunklin County in 2008. He was placed on probation, but after a series of violations, his probation was revoked, federal prosecutors said.

After four months of incarceration, Patterson was released and placed on probation again.

In 2011, Patterson pleaded guilty to third-degree domestic assault in Cape Girardeau County.

“Congress long ago came to the realization that individuals previously convicted of a felony offense should not possess guns. The tragic events that transpired on the night of Oct. 6, 2015 serve as a prime example and reminder of why Congress felt compelled to enact strict legislation prohibiting felons from possessing firearms,” prosecutors wrote.

They said neither Patterson nor Smith should have been armed with a gun.

“Sadly, the end result is that one man is now dead and the other is facing incarceration in federal prison,” they wrote.

Patterson, because of time already served in custody, was released from federal prison last July.

But in November, Patterson, who listed a Jackson address, was arrested again, this time on drug charges and domestic assault.

The 30-year-old Patterson is being held in the Cape Girardeau County Jail on $30,000 bond.

A federal detainer warrant also has been issued. That means Patterson could face more federal prison time once the state case has been completed, the sheriff’s office said.

Smith’s death is the second homicide police said has been solved without a murder conviction.

In May 2018, Blair said the suspect in the shooting of Patton’s son, 24-year-old Quinton Davis Combs, was sentenced to federal prison on an unrelated gun-law violation.

Michael T. Anderson of Cape Girardeau was sentenced to 10 years in prison, the maximum sentence allowed for the crime, Blair said.

Anderson confessed to local and federal law enforcement officers he shot Combs, but did so in self defense. Like the Smith case, police have no evidence to dispute that claim.

Patton said she is relieved Anderson is locked up.

“We are thankful he is off the streets of Cape Girardeau,” she said at the time, while admitting she and her family would have liked Anderson to have been charged and convicted of shooting her son.

Fueled by her grief over the death of her son, Patton founded SNAP in February 2016.

Patton said her goal is to “bridge that gap” between police and south-side residents, many of whom have been reluctant to talk to the police.

Witnesses were afraid to step forward and in many cases still are, she said. They worry about their own safety, Patton said. “They are afraid they will be targeted.”

Blair agreed it can be difficult to get witnesses to cooperate with police.

“We’ve taken steps to overcome that hurdle through anonymous tip lines and consistent work at enhancing community relations,” Blair said.

Patton said her organization helped spur greater use of a tip line to solve crimes. The organization also has sought to connect residents with community resources and mental-health services.

SNAP will continue to publicize unsolved homicides and work to improve communication between police and the public, Patton said.

One of her goals is to continue to focus the spotlight on unsolved homicides.

She said she doesn’t want law enforcement to forget about the victims. “They can’t just sweep them under the rug,” she said.

mbliss@semissourian.com

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