Murder charge dropped against suspect charged in Harvest Homecoming shooting

LOUISVILLE, Ky. (WDRB) -- The murder charge against one of the suspects in a fatal shooting at the annual Harvest Homecoming festival in southern Indiana has been dropped.

Shermichael Smith is one of five people charged in the shooting that killed 18-year-old Bryce Gerlach and injured two others during the festival in downtown New Albany last October. 

Smith appeared in a Floyd County courtroom Monday afternoon for a hearing ahead of his trial, which was originally scheduled for Aug. 18.

According to defense attorney Perry McCall, the state dropped Smith's murder charge, now accusing him of conspiracy to commit aggravated battery, conspiracy to commit robbery and several weapons-related charges. 

"He is charged with conspiracy to commit aggravated battery, two counts, conspiracy to commit robbery, armed robbery, two counts," McCall said. "And there's some level-five weapon charges there, but the highest felony offenses are level threes."

McCall said the new charges suggest his involvement in Gerlach's death was less significant than originally believed.

"It is my belief, based on their interviews with individuals, that the culpability of Mr. Shermichael Smith was a lot less involved," said McCall. "The allegation is that he facilitated transportation for two individuals, Mr. (Darius) Tuff and Joshua Smith for the purpose of them committing a battery or a robbery."

Smith was initially charged with murder, two counts of attempted murder, conspiracy to commit armed robbery, aggravated robbery, and criminal recklessness in connection with the shooting.

"Back on June 20, the state sought to amend the charges that had previously been filed in this case against Shermichael Smith, and the court accepted our amendment of the charges," Floyd County Prosecutor Chris Lane said. "These charges are based more around, and again, they're just accusations, they're based more around conspiracy and an aiding theory."

Smith is being held on a $250,000 cash bond, with his trial now expected in early December.

"Also the court set a bond, as requested by the state, and it was set at $250,000 full cash," said Lane. "But on July 30, there will be a bond review hearing by the court, at which time the defense and the state can put on evidence as to why we believe that bond should be set at that amount or should be lowered."

The shooting happened in the ride area in the middle of the packed fall festival the evening of Oct. 12, 2024. Gerlach, a Corydon Central High School senior, was killed, and two other people were injured. Police have said all three were innocent bystanders who weren't involved in an alleged argument that broke out between two groups of people, which police believe led to the shooting. 

Gerlach's mother said her son was waiting in line for the Ferris wheel with his girlfriend, celebrating their first anniversary, when shots were fired. Gerlach was a football player at Corydon Central, and had dreams of playing football in college.

Several suspects have already been sentenced in the case.

Smith's cousin, Joshua Smith, of Louisville, was sentenced in March to more than seven years in prison after agreeing to a plea deal in February. Joshua Smith originally faced 11 charges in connection to the shooting, including murder. However, he pleaded guilty to a single charge of conspiracy to armed robbery. As part of his plea deal, Joshua Smith is required to testify in ongoing cases connected to the shooting. He will also have about two years of probation following his release.

Darius Tuff, of Louisville, was sentenced in April to 37 years in prison, made up of 16 years each for two aggravated battery charges, and an additional five years for use of a firearm in the crimes. Tuff was not accused of killing Gerlach. Lane recommended the 37-year lea as part of Tuff's plea agreement after he pleaded guilty in February.

Officials said Joshua Smith, Tuff, and Shermichael Smith were all roommates. 

Damarius Gardiner Person, 18, of Louisville, was sentenced to six years in prison in May after pleading guilty to multiple charges in connection with the shooting, including assisting a criminal and obstruction of justice. He was initially charged with murder, aggravated battery, assisting a criminal and obstruction of justice.

Prosecutors said there are several suspects in the case still waiting to go to trial. That includes Isaiah Page, of Simpsonville, whose trial is scheduled for Oct. 27 on several charges including murder, attempted murder, voluntary manslaughter, aggravated battery, criminal recklessness, gang activity and a firearms charge. Page's next court appearance is scheduled for Aug. 11.

Organizers for the annual Harvest Homecoming festival have been working on a safety plan for this year's festival after the shooting in the ride area of last year's festival. In early May, organizers announced plans to implement age limits and other security upgrades in the ride area, specifically. Attendees must be 18 years old or older, and kids under the age of 18 will have to be accompanied by someone over the age of 21. 

The ride area will also have more fencing and checkpoints. Hours will also change, to allow for better crowd flow and security oversight. This year's booth days for Harvest Homecoming are Oct. 9-12.

This story may be updated.

Previous Coverage:

18-year-old Louisville man sentenced in Harvest Homecoming fatal shooting

Harvest Homecoming to implement age limits, security upgrades following 2024 fatal shooting

Louisville man sentenced in fatal Harvest Homecoming shooting in New Albany

Several suspects in fatal Harvest Homecoming shooting avoid trial with plea deals

Louisville man pleads guilty in Harvest Homecoming fatal shooting

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