Another delay in the case of convicted murderer Randy Riley - Action News
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Nova Scotia

Another delay in the case of convicted murderer Randy Riley

There has been another delay in the case of convicted murderer Randy Desmond Riley. Riley was convicted of second-degree murder in April for killing Donald Chad Smith in October 2010.

Donald Chad Smith was killed by a shotgun blast in Dartmouth in 2010

There has been another delay in the case of convicted murderer Randy Desmond Riley. (Robert Short/CBC)

There has been another delay in the case of convicted murderer Randy Desmond Riley.

Riley, of Dartmouth, N.S.,was convicted of second-degree murder in Nova Scotia Supreme Court in April for killing Donald Chad Smith in October2010.

The murder conviction carries an automatic life sentence.

However, Justice James Chipman must still determine parole ineligibility the period Riley must serve in prison before he can begin applying for parole. The range is from 10 to 25 years.

Series of delays

The parole ineligibility hearing was supposed to be in September, but was postponed until Friday because a cultural assessment report wasn't ready.Riley, who is African-Nova Scotian, had requested the report for the judge to consider prior to making his decision.

But when lawyers appeared before Chipman on Friday, they said the report was not ready.

Robert S. Wright, a sociologist,was instructed in July to perform the assessment of Riley. He was supposed to complete his report by the middle of November.

When there was no sign of the report by Nov. 27, Chipman instructed an assistant to make inquiries.

In his reply to the court, Wright said he had been busy and had not even had a chance to meet with Riley. He promised to have a report ready by the middle of January.

'I am not veryhappy'

"I am not very happy about this turn of events," Chipman said, pointing to five victim impact statements he had received from members of Smith's family. None of the family attended court Friday.

Crown prosecutor Melanie Perry said she phoned them last Friday to tell them the hearing would be delayed again. She described the call to Smith's mother as "excruciating."

Perry said the Smith family now faces an eighth Christmas without their son, and without any closure in his murder.

She said they are "devastated by this turn of events."

Smith was killed by a single shotgun blast to the chest on Oct. 23, 2010 in Dartmouth.He was lured to his death by Riley and his accomplice, Nathan Johnson.

The two men placed a pizza order to the restaurant where Smith had just started working as a delivery driver. They called from a payphone near the apartment building where they ambushed Smith.

Johnson already serving life sentence

Johnson has already been convicted of first-degree murder and is serving a life sentence with no opportunity to apply for parole for 25 years.

Riley wasn't charged until 2013.

A man with a ballcap is shown
Smith was shot to death in Dartmouth on Oct. 23, 2010. (Department of Justice)

Three previous trial dates came and went as Riley parted ways with a succession of lawyers. Trevor McGuigan agreed to represent him at the trial earlier this year.

Riley had been charged with first-degree murder, but a jury convicted him of second-degree murder after nearly 28 hours of deliberation.

Appearing by videolink from the Central Nova Scotia Correctional Centre, Riley told court he was interviewed by Wright on Thursday.

Chipman said he expects Wright to adhere to the deadline he offered for completing the report by mid-January.

The judge said he had the option of summoning Wright to court to explain the delays but decided not to do that.

The case will now return to court on Feb. 8 for an all-day hearing on parole ineligibility.