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Man found guilty of aggravated murder in 2021 Virginia Beach gas station homicide

Mistrial declared for man accused of murdering woman at Virginia Beach gas station
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VIRGINIA BEACH, Va. — A man has been found guilty of aggravated murder in the shooting death of a 65-year-old woman at a Harris Teeter gas station in Haygood Shopping Center on Dec. 13, 2021.

Annie Smith was shot and killed in their car as her husband, Steven Smith, pumped gas.

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Detectives say that Darrius White and his brother Micheal White robbed Steven Smith. When Annie Smith saw her husband was being robbed, she pulled out a gun hidden in the car.

In court Tuesday, jurors listened to the police interrogation of Darrius White.

"She had a gun," said White in the video. "My reaction is I'm trying to save my life."

While both the defense and prosecution agreed that White shot Annie Smith, they argued over whether he was guilty of aggravated murder which, according to both sides would mean a sentence of life in prison without parole.

Brandon Emery with the Commonwealth’s Attorney’s office said after the verdict, "Very poetically, this comes on the eve of the two-year anniversary of their loss of Annie," adding, "It's definitely not going to bring Annie back, but the courtroom process and hearing a guilty verdict to hold somebody accountable is going to be one step in the long recovery that they’ll have ahead."

White's defense argued that the aggravated murder meant that the crime was willful, deliberate and pre-meditated.

"Aggravated murder is more for those who plan out crimes," Darrius White's attorney, Kristin Paulding, said after the verdict. "I think the video clearly shows there was some intent to steal or commit a robbery. I don’t think Michael or Darrius went there with any intention to hurt Annie that day."

Micheal White pleaded guilty for his role in Annie Smith's murder and is awaiting sentencing on Thursday.

Darrius White is scheduled to be sentenced on February 15. His lawyer, when asked if they would appeal, said they would wait until after sentencing to figure out the next step.