A charge of first-degree murder is pending against a Halifax County Detention Center inmate who in March had been charged with attempted first-degree murder and assault inflicting serious bodily injury in the beating of a cellmate who later died.

eCourts records show that the charge against Robert Earl Smith Jr. was assigned to Halifax County Superior Court at the end of March.

Halifax County Sheriff Tyree Davis last week declined to confirm that the inmate beaten died or confirm that charges against Smith, who remains in the Halifax County Detention Center, would be upgraded to first-degree murder out of respect for the victim’s next of kin.

In a statement he texted to rrspin.com last week, the same statement he sent to other media outlets, the sheriff said, “I understand why people have questions. It appears that we have intentionally not been transparent in this incident. However, we did a news release on our page when the incident first happened. The next of kin was contacted and they stated to us, they did not want any further information released to anyone.”

In the statement he said, “We followed up with the next of kin throughout the investigation and over and over when asked they stated they didn’t want us to release any information. I know that some of the family members (want) something said but the next of kin does not and the next of kin’s request overrides any other family members request. If there is no ongoing threat to the community regarding this incident … the community interest in this case does not override the next of kin’s requests.” 

The statement continued, “We wish we could have said more when this incident first happened. We have nothing to hide. But, because of the wishes of the next of kin asking us not to release any further information even to other family members, we have not released any further information since our initial news release.” 

He said, “Even though it makes us look like we are not transparent, we will respect the wishes of the next of kin and not release information. This is not the first time we have not done a news release on an incident. We have done the same thing in the past (in) other cases where the victim or the victims next of kin asked us not to release anything. We have notified the proper parties and followed all legal guidelines as a result of the incident. This incident is still under investigation.”

According to the original warrant in the attempted first-degree murder and assault inflicting serious bodily injury case, Detective C. Watkins wrote that Smith willingly, unlawfully, and feloniously assaulted Arnette Richardson and inflicted upon him serious bodily injury and severe bleeding of the brain.

The first-degree attempted murder warrant says that Smith unlawfully, willfully, and feloniously with malice aforethought attempted to kill and murder Richardson on March 20.

The sheriff’s office said at the time Smith assaulted his cellmate using his hands and feet. It was not clear what prompted the assault.

District Attorney Kim Scott did not immediately respond to an email from rrspin.com seeking comment on the case.

The Halifax County Clerk of Court office said last week the first-degree murder warrant has not been served.