Smallwood gets prison term in fatal shooting

Published 12:31 am Thursday, April 7, 2011

After pleading guilty to second-degree murder in Beaufort County Superior Court on Monday afternoon, Erick Smallwood was sentenced to 294 months (24 1/2 years) in prison.

Smallwood fatally shot Neal Whitney of Chocowinity at Little Jon’s nightclub off U.S. Highway 17 in Chocowinity early in the morning of Aug. 29, 2009. More than 80 people were at the club when deputies with the Beaufort County Sheriff’s Office responded to a report of shots fired at the club.

Smallwood also pleaded guilty to two drug offenses and misdemeanor assault on government officials, according to District Attorney Seth Edwards’ office.

Smallwood, who had a string of arrests before being arrested for the Whitney murder, has served at least one prison term in the past.

Smallwood’s first arrest as an adult came on Oct. 26, 2005, when he was charged with misdemeanor possession of marijuana and drug paraphernalia. He was convicted on Dec. 29, 2005, and given probation, which he violated and subsequently received a 45-day sentence.

Smallwood’s second arrest on July 3, 2006, in which he was charged with felony possession with intent to sell and deliver Percocet, triggered a string of related incidents.

A little over a month later, on Aug. 16, he was arrested and charged with felony possession with intent to sell and deliver cocaine.

On Oct. 19 of the same year, he was arrested and charged with felony assault after allegedly pointing a gun at Johnnie Hyman. On Nov. 16 of that year, he was arrested on a charge of intimidating a witness, Hyman.

On Dec. 21 of that year, he was arrested and charged again with intimidating Hyman. Two days later, Smallwood was released from jail after  his father posted a $10,000 unsecured bond.

Smallwood was convicted on July 28, 2008, of intimidating a witness and possession with intent to sell and deliver a controlled substance. The charges were consolidated in a plea bargain. As part of the plea bargain, the felony assault charge was dropped.

Smallwood was sentenced to serve eight to 10 months in prison, but he served a longer sentence –  one year, seven months and 25 days – for seven infractions committed while in prison: fighting, unauthorized tobacco use, two instances of disobeying an order, two instances of involvement with a gang and assault on a person with a weapon.

He was released from prison June 16, 2009.

Whitney was a former standout for the Southside High School football team. During his senior year, he was named the 2006 Washington Daily News’ Defensive Player of the Year. He received the Southside Football Seahawk Award in 2006-2007, which is given to the player “that exemplifies what a Seahawks player is, not necessarily the best player on the team or the best athlete, but a good player, with a strong work ethic; someone that is in the weight room all the time; a good student, well behaved, a hard worker, a hustler and just a good all-around person.”