Vaiden, Mississippi

Murder of Deputy Sheriff Charles Busby Smith

On January 12, 1981, Montgomery County Sheriff Billy Costilow and Chief Deputy Sheriff Charles Busby Smith (05-05-1951 – 01-12-1981) attempted to serve lunacy papers on Wadell Laney at Laney’s home near Kilmichael, Mississippi. Laney refused to go with the officers, and turned and fired upon them, injuring Sheriff Costilow and killing Deputy Smith. Although this happened in the jurisdiction of Montgomery County, Charles Busby, a Winona native at the time, was originally from Vaiden. Smith had previously held his first law enforcement position as a Vaiden Police Officer. Click on the Articles below to read the story, as taken from the Winona Times and Conservative. Laney was sentenced to die, resulting in an automatic appeal. If information is correct, Laney’s case was remanded for retrial, in which he received a life sentence. An update to these facts is forthcoming.

Charles Busby Smith is buried in the Winona Gardens of Memory in Winona, Mississippi.

Article 1 – Article 2 – Article 3

Waddell Laney’s Request for Rehearing

421 So.2d 1216

Waddell LANEY
v.
STATE of Mississippi.

No. 53690.

Supreme Court of Mississippi.

Oct. 13, 1982.
Rehearing Denied Dec. 8, 1982.

John E. Shaw, Kosciusko, for appellant.

Bill Allain, Atty. Gen. by Wayne Snuggs, Asst. Atty. Gen., Jackson, for appellee.

En Banc.

DAN M. LEE, Justice, for the Court:

Waddell Laney, appellant, was indicted, tried and convicted for the capital murder of Charles Busby Smith, deputy sheriff of Montgomery County who was acting within his official capacity. At the conclusion of the sentencing phase of Laney's trial, the jury sentenced him to death. Finding error, we reverse and remand for a new trial.

The facts of this case are not disputed. On January 12, 1981, Sheriff Billy Costilow went to the residence of Waddell Laney to serve a lunacy writ issued by a chancery court and deliver Laney to the Region Six Mental Health Center in Greenwood. Sheriff Costilow was accompanied by Deputy Sheriff Charles Busby Smith. Upon arrival, the officers knocked on Laney's door. They also called out several times, but no one answered. Thinking nobody was home, the officers walked off the porch and into the yard. Once they were in the yard, Laney came from behind the house, carrying a .22-caliber rifle in his left hand and a Kaiser blade in his right. Sheriff Costilow and Laney walked toward each other. The

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sheriff informed Laney of the writ and their purpose, which was to take him to the doctor for some mental health treatment. Laney, replying that there was nothing wrong with him, turned and walked toward his house. He suddenly wheeled around and started shooting at the officers. Sheriff Costilow was seriously injured; Deputy Smith was killed. Following the shooting, Laney ran, dropping the Kaiser blade, but holding on to the gun. A short time later, Laney was arrested by Jerry Butler, a Mississippi highway patrolman.

On March 31, 1981, Laney was indicted for capital murder in the shooting death of Deputy Sheriff Smith. Laney invoked the insanity defense.

The issue presented in this case is whether Laney was afforded a fair trial in light of the fact that a juror, Mrs. Ruth Brister, did not completely and fully respond to questions asked during the voir dire examination. During this examination, defense counsel asked the following questions: "Is there anybody on the panel related by blood or marriage to any present law enforcement person in Montgomery County, or anywhere else?"; and, "Is there any other member related by blood or marriage to any law enforcement officer or has any member ever been employed by law enforcement, at any time in... [see remainder of case at cite noted in title].