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Family of EL victim asks for help in keeping killer behind bars

The family of an East Liverpool murder victim is trying to prevent his killer from being set free.

The family of Kevin Burks, who died in 1987, is asking the public to help keep Billy Wayne Smith behind bars. They can do this by writing state lawmakers, and by informing the parole board that they oppose a new law that expands parole opportunities for violent offenders, according to the family.

Smith, 52, was sentenced in Jefferson County to life in prison with a chance for parole after 59 years. The new law, however, allowed Smith to have a parole hearing last month outside his Belmont Correctional Institution cell.

Kevin Cumblidge, who survived the 1987 stabbing by Smith, also is fearing an early release for the convicted killer because of Senate Bill 256, which expands parole opportunities for violent teen offenders.

If released, Smith’s sentence would be cut by several decades.

Burks’ family and Cumblidge are concerned that Smith could be released into society by members of the Ohio Adult Parole Authority — and do to someone else what he did to Burks.

On Nov. 16, 1987, several assailants — including Smith — kidnapped, robbed, tortured and murdered Kevin Burks, 25, of East Liverpool.

The perpetrators had gone on a hunt for a specific African-American man. When they failed to find him, they targeted Burks.

The offenders tricked Burks, telling him that a friend was in need. They then tortured, stabbed, shot him, and slit his throat, according to Trumbull County Assistant Prosecutor Christopher Becker, who prosecuted Smith in Jefferson County back then.

Smith, who was 17 years and 10 months old when he murdered Burks, had a parole date set for 2051.

But SB 256, which went into effect in 2021, requires that juveniles who murder one person be eligible for parole after no more than 25 years.

Burks’ family members are concerned about the “injustice” that could occur if Smith is set free.

“My brother didn’t get a second chance,” said Burks’ sister Jennifer Hicks. “My family didn’t get a second chance. When we go to see my brother, we have to go to his grave. “ Cumblidge, who was attacked and stabbed by Smith on Dec. 7, 1987, said: “I have been to the isolated wooded area where Kevin Burks was torture-murdered. I have seen the autopsy photographs. And I too was attacked by Billy Wayne Smith. Only I got away. Kevin Burks did not.”

Burks’ family and Cumblidge are asking the public to help by contacting the parole board through the Department of Corrections website.

“The inmate name is Billy Smith. His inmate number A216211. Make sure to write ‘oppose’ in the ‘Do You Support or Oppose the Release?’ bar,” Cumblidge tells those going to the website.

They also ask that citizens contact their state representative and state senator and ask them to amend SB 256, so that more families don’t have to fight parole and endure the same trauma.

Laura E. Austen, deputy director of policy and outreach for the Ohio Public Defender’s office, said she supports the new law.

“Ohio’s legislators made the correct and necessary decision by passing Senate Bill 256 in order to comply with U.S. Supreme Court precedent. This law was carefully considered and shaped by the legislature for over a year, receiving overwhelming support in the Ohio Legislature,” she said, noting that this is a nation that believes in redemption.

Austen said her office believes the new law is working well.

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