Commonwealth v. Smiley

Release Date: Wednesday, November 18, 2009 4:30 p.m.

Harvey L. Bryant, Commonwealth’s Attorney for the City of Virginia Beach, announced today that Treye Artel Smiley, 21 years old, previously residing in the 400 block of Cason Lane in Virginia Beach, pled guilty on July 22, 2009 to two (2) counts Attempt Robbery, Malicious Wounding, three (3) counts of Use of a Firearm in the Commission of a Felony, Maliciously Shooting at an Occupied Vehicle, and Concealed Weapon. Yesterday, Judge A. Joseph Canada sentenced Smiley to fifty-eight (58) years. Thirty-eight (38) years of Smiley’s sentence was suspended leaving him 20 years to serve.

The Commonwealth’s evidence proved that on August 21, 2008, the defendant approached two patrons of the Luxury Brown Sports Bar and Dance Club. The victims were sitting in their vehicle on Baker Road in Virginia Beach. The defendant approached them from the passenger side of the vehicle and demanded their property. Before the victims could turn any property over to him, the defendant fired two shots into the vehicle which struck one of the victims. The victim driving the car immediately fled the parking lot as the defendant continued to shoot at their vehicle.

During an unrelated traffic stop the following day, the defendant was found in possession of a firearm that forensically matched the spent shell recovered from the victim. In a later interview with Virginia Beach police the defendant admitted his involvement in this incident.

Smiley has a criminal record which includes prior misdemeanor convictions for trespass, lewd behavior and traffic infractions.

Associate Commonwealth’s Attorney Eleanor Gaines prosecuted the case. Please call Julie Pickell if additional information is desired.

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