Smoke brothers ineligible for parole for 14, 15 years

Two young Six Nations brothers, found guilty of second-degree murder in the death of Andrew Davis, were sent to prison with no hope of parole for at least 14 and 15 years

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“It’s a slap on the wrist,” said one Davis family member leaving court.

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“Very disappointing,” said another. “They should have got 25 years.

Convicted on March 1, Eric Jerome Smoke, 24, and Andrew Brent Smoke, 27, received a mandatory life sentence in prison but a judge decides how soon they can begin applying for parole after 10 years.

On Nov. 30, 2020, Andrew Smoke drew his brother Eric into an argument he was having with his new girlfriend’s former partner, Davis.

As Davis arrived to pick up his just-turned-two-year-old daughter from his former partner, he began recording the Smoke brothers, likely thinking he might need evidence of their behavior during child custody discussions.

The two taunted Davis to fight and to stop “wearing your kid like body armor” while Davis was heard refusing to fight and suggesting they meet at another time.

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Eric Smoke suggested he was ready to shoot and his brother said “OK” just before a gunshot was heard.

Davis was shot in the head as his daughter sat on his lap.

During the trial, a third brother, Patrick Skye, testified that when his much younger brothers came to him asking to borrow a vehicle, he didn’t recognize the younger man. Assistant Crown attorney Derek Zuraw told the jury Skye was lying to protect a family member.

Justice Robert Reid noted the Smokes grew up with a physically and emotionally abusive father and dealt with the effects of the residential school system in their background.

But, he noted that the more serious and violent a crime becomes, the less such Gladue factors play into the sentence.

Reid said he considered the Smokes’ background, culture, lack of criminal records and expressed remorse against the “long-lasting impacts” the crime would have on the Six Nations community and on Davis’ daughter.

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“This involved members of two families, both of the Six Nations community and both undoubtedly with many mutual connections,” Reid said. “I can only hope that over time, some healing can take place on both sides.”

The judge also considered recommendations from the jury. Half of the jury made recommendations for how long the Smokes would be ineligible for parole, ranging from 15 to 25 years for Andrew Smoke and 20 to 25 years for Eric Smoke.

Their sentence will be shortened by the three years they have already spent in jail.

The two, each wearing a meticulous set of braids in their long hair, sat in the prisoner’s dock before the judge entered, chatting and laughing with each other. After sentencing, they looked around the courtroom and nodded and smiled at a few supporters.

Davis’ family said the murdered man had been a good son and an excellent father to his daughter who was featured in almost every recent photo they had because she was “always in his arms.”

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