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Murder Plea Bargain Gets Apollo Beach Man 40 Years

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By THOMAS W.  KRAUSE | The Tampa Tribune

Published: January 31, 2008

TAMPA - An Apollo Beach man was sentenced to 40 years in prison today for the stabbing death of 32-year-old James Peak, the brother of his deceased girlfriend.

Had Michael Edmund Smith, 30, gone to trial, he might have been sentenced to life.

Murder is not new to Peak's family. Two of his siblings met violent deaths.

Prosecutors said Smith had two children with his girlfriend, Crystal Stith, who was shot to death in 2002. Smith remained close to her family.

On May 29, Peak told Smith that he tried to make a romantic move on Smith's new girlfriend. The next day, an angered Smith went to Peak's Gibsonton mobile home searching for more information. He took his two children with him.

Peak was not home, but Peak's sister-in-law was. She was babysitting four children.

Smith asked her whether Peak had a relationship with his girlfriend. She said she did not know. He then told her that he was going to stab Peak when he got home. He forbade her from warning her brother-in-law.

When Peak walked through the door, Smith stabbed him with a steak knife, sheriff's officials said. Peak ran, but Smith gave chase. Smith stabbed him two more times.

Peak died.

The children were in the mobile home at the time but were not witnesses to the stabbing.

In court today, prosecutors said Smith was cooperative with sheriff's deputies and told them he had killed Peak.

After his 40-year sentence, Smith must serve five years on probation. He must also complete an anger management class.

Peak was the third in his family to be murdered.

In 1994, William David Walker, 27, Joseph Peak, 17, and a 13-year-old girl were hanging out on a Hillsborough County beach in the late-night hours. The three split from a group to go for a walk.

Walker later pleaded guilty to murder and rape charges, admitting that he stabbed to death Joseph Peak and raped the girl. He was sentenced to 40 years in prison.

In 2002, Smith's girlfriend, the Peaks' sister, was shot to death in a misunderstanding.

About 5:20 a.m. March 1, 2002, Stith and her cousin hopped into a convertible Mustang at their Gibsonton mobile home park. The two girls stopped by another trailer to see whether a third friend needed a ride to work. They started to leave when they didn't see any lights on.

Jason Pospeschil, their friend's brother, looked out his window and thought someone was stealing carpentry tools from his truck. He fired two shots from a high-powered rifle as the Mustang drove away.

Stith was shot in the head.

Pospeschil is serving a 15 year prison sentence for manslaughter.

Reporter Thomas W. Krause can be reached at (813) 259-7698 or tkrause@tampatrib.com.

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