Pemberton Gets Life Without Parole in Good Samaritan’s Death

A judge Tuesday sentenced Timothy Pemberton to life in state prison without the possibility of parole for murdering a “Good Samaritan” who chased him after a burglary in University City.

Pemberton, 22, was given the term for his first-degree murder conviction in the July 18, 1990, slaying of Gary Smith, 35. Smith was shot four times when he came to the aid of a screaming woman, who had found Pemberton in her condominium.

Pemberton was also sentenced to a consecutive 10-year prison term for unrelated convictions of burglary, receiving stolen property, and possession of methamphetamine.

San Diego Superior Court Judge Richard Murphy fined Pemberton $1,000 and ordered that $250 of that be paid to a burglary victim.

Murphy called the slaying “a terrible tragedy.”

“In an era in which we are short of heroes, Gary Smith was a legitimate hero--a man willing to risk his life for another. I hope this city does not forget Gary Smith and the example he set for others,” Murphy said.

Smith was laying carpet when he heard Christiane Chazin scream in the condominium next door. She had entered her home and discovered Pemberton.

Witnesses said Smith chased and tackled Pemberton, but Pemberton shot him in the face, arm, leg, and abdomen. Smith died six days later in a hospital without regaining consciousness.

Smith left a girlfriend and three young children, who did not appear at the sentencing.

Pemberton’s attorney, Michael Butler, unsuccessfully urged the judge to set aside the special-circumstances allegation that the murder was committed during a burglary and only sentence Pemberton to 25-years-to-life in prison for the first-degree murder.

Pemberton was convicted by a jury March 25 after two days of deliberations that followed a one-week trial.