Leicester Man Sentenced for Prison Escape, Kidnapping

A McDowell County jury convicted a western North Carolina man in connection with a 2024 prison escape and kidnapping, and Superior Court records outline the charges, verdicts, and sentencing imposed in the case.

Billy Lee Smith, 44, was found guilty Feb. 9, 2026, in McDowell Superior Court and sentenced Feb. 12 to an active prison term totaling 402 to 520 months — about 33 to 43 years — according to court records reviewed by WCAB News.

Case filings and charges

Records from the McDowell County Sheriff’s Office and judicial filings show the prosecution proceeded under McDowell Superior Court case 24CR000065-580, filed on June 24, 2024.

The criminal case, marked disposed Feb. 9, 2026, lists the following offenses tied to Feb. 7, 2024:

• Second-degree kidnapping 

• Felony breaking and entering 

• Felony larcency

• Possession of a weapon by a prisoner 

The record identifies the McDowell County Sheriff’s Office as the reporting agency and notes related scheduling and consolidation proceedings through subordinate case file 24CR000067-580.

Trial outcomes

Court minutes show Smith entered not-guilty pleas to all charges. A jury returned guilty verdicts on second-degree kidnapping and breaking and entering.

Judicial records indicate:

• The felony larceny charge was dismissed by the court without plea agreement.

• The jury found Smith not guilty of possession of a weapon by a prisoner.

Judge Gary Gavenus entered judgments and sentencing orders following the verdict.

Sentencing details

Disposition records show habitual-felon findings applied and sentences ordered consecutively to prior confinement.

• Second-degree kidnapping: 146 to 188 months

• Breaking and entering: 128 to 166 months

Documentation indicates prosecutors from the office led by District Attorney Ted Bell and Judge Gavenus consolidated the convictions for judgment, resulting in a combined structured sentence equivalent to roughly 33 years, as reflected in the overall active term imposed.

Records show Smith accumulated 20 prior record points and received no credit for time served on the kidnapping count. 

Additional conditions ordered by the court included:

• Substance abuse and psychological treatment requirements

• No contact orders involving named individuals

• Victim notification provisions before any release consideration

• Explicit denial of work-release eligibility

Financial assessments totaled $11,678, including fines, attorney fees, and court costs. Civil judgments were entered for attorney and appointment fees, with balances remaining active as of February 2026.

Procedural history

The case file reflects numerous continuances between mid-2024 and late-2025 before trial proceedings concluded. Bond was set at $350,000 secured in June 2024.

Subpoenas, motions regarding counsel and recordation, and joinder proceedings appear in the docket timeline. Judicial logs show an appeal notice entered following sentencing.

Incident background

Authorities previously said the charges stemmed from Feb. 7, 2024, when Smith left a work assignment at Marion Correctional Institution while on work release from Rutherford Correctional Facility.

Investigators said he forced entry into a Marion residence, abducted a woman and compelled her to drive him to Asheville before releasing her. He fled into woods in Buncombe County and was later taken into custody.

Current status

Court records list the criminal case as disposed, with sentencing active and appellate filings entered. Smith remains in state custody.

The detailed filings provide a comprehensive account of the prosecution — from indictment through verdict — and document how the convictions were structured and consolidated into the decades-long prison term imposed by the court.

Records show he was out on parole at the time of the kidnapping, following previous convictions in Buncombe County.

Judge Gavenus is retiring in December, after Chief Justice Paul Newby said he wanted to remove him from his position last year.