Ruling clears the way for death penalty in Donald Smith murder trial

Jacksonville, FL — The man accused of killing a young Jacksonville girl four years ago could face the death penalty if he's convicted.

A judge this morning denied a defense motion by Donald Smith to pull the death penalty off the table.

Smith was arrested following the abduction and murder of 8-year-old Cherish Perrywinkle in 2013.

He's scheduled for a trial in February.

Smith’s case has been delayed multiple times, most recently as a result of changes in Florida’s death penalty sentencing process.