The capital murder trial for one of suspects in the December 2015 murder of Cherrish Faith Allbright has been postponed until late March.
Brad Hunter Smith’s trial was originally set for the week of January 23, but the court has not yet ruled on more than two dozen pre-trial motions filed last fall by Smith’s attorney.
Smith, 20 at the time of his arrest in December 2015, is charged with capital murder, kidnapping, and abuse of a corpse in connection with the death of 22-year-old Cherrish Faith Allbright of the Randall community in Cleveland County.
Capital murder is a Class Y felony punishable by life in prison without parole or the death penalty. Kidnapping is a Class Y felony punishable by 10 to 40 years or life in prison. Abuse of a corpse is Class C felony punishable by a maximum sentence of 10 years in prison.
Among the 30 motions filed by Smith’s attorney is a request that the death penalty not be sought.
Allbright, who was pregnant at the time of her death, was last seen by a family member the night of December 3 when she received a telephone call from someone. A short time later, a vehicle pulled up to the house and Allbright went outside. She did not return.
Allbright was reported missing on December 7, 2015. The following day, the Cleveland County Sheriff’s Office issued a news release, along with a photo of Allbright, seeking assistance in finding her. Two days later, on December 10, investigators received information that led them to the location and recovery of Allbright’s body. Allbright’s body was discovered buried in a wooded area off Rodgers Road West in Cleveland County.
Smith, Jonathan Guenther, also 20 at the time of his arrest, and Joshua Alan Brown of Rison, 16 at the time, were all arrested in connection with Allbright’s death. Brown was charged as an adult.
Guenther and Brown will be tried at a later date. Brown’s attorney has asked the court to suppress statements Brown made during the investigation. He has also asked that Brown’s case be moved to the juvenile division.