Brother of slain woman is arraigned

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Smith, others charged with murder conspiracy in death of Berryville councilwoman

By J.R. Williams -- jrwilliams@nvdaily.com

The brother of slain Berryville Town Councilwoman Gail Smith was arraigned Tuesday morning in Nottoway County Circuit Court on murder conspiracy charges.

Timothy Roy Smith Jr., 50, of Burkeville, also was appointed an attorney. According to the Nottoway County Circuit Court clerk's office, he will be represented by William P. Irwin V of Richmond-based Bowen, Champlin, Foreman and Rockecharlie.

Irwin said Tuesday he had not yet reviewed the case and likely was appointed by the court.

Additional proceedings for Smith are scheduled for Jan. 5, the day Nottoway County will release its most recent indictments, according to online court records.

"Nothing will happen until after Jan. 5," Irwin said. "My guess is we'll have a processing date set for late January, early February."

Smith was arrested Nov. 3 along with two alleged accomplices. Authorities claim the three men conspired to kill Gail Smith, who was found dead in her Pickett Court home July 30 from a single gunshot wound to the temple.

Clarke County Sheriff Anthony W. "Tony" Roper said Tuesday that additional arrests are expected in the case after investigators return to Nottoway County on Thursday and Friday.

Roper declined to comment on whether the additional arrests would involve the alleged conspiracy to kill the councilwoman, or her death directly. No charges have been filed in the Clarke County murder case.

"Until we get down there, I'm not in a position to [say]," he said. "We are very hopeful that there will be additional charges."

Nottoway County Sheriff's Office officials, along with state police, Farmville authorities and others will be studying phone records and other data, Roper said.

"We have interviewed literally hundreds of people," he said. "There has been a pretty widespread net that was cast down there."

Authorities arrested Smith, Edward Visosky III, 39, and Edward Poley, 32, last week and charged each with conspiracy to commit murder. Roper said the three men knew each other and may have lived together at one time.

The Berryville Police Department has said the three men conspired to kill the councilwoman between June and August 2008.

Smith and Visosky are being held without bond at Piedmont Regional Jail in Nottoway County.

Poley is awaiting court proceedings at Atlantic County Jail in Mays Landing, N.J., on unrelated charges, including aggravated sexual assault, burglary, forgery, delinquent child support and contempt of court, according to the jail.

Court hearing information on Poley and Visosky was not available through an online database.

Authorities have said Gail Smith likely knew her killer. She was involved in a civil case in Clarke County Circuit Court against her brother and their sister, Deborah, regarding the estate of their father.

The two siblings had objected to Gail Smith's efforts to put her in control of Timothy R. Smith Sr.'s finances, valued at $200,000, according to court records.