Woman gets life term, and then some

Kim Smith

Wednesday, May 10, 2000 | 10:24 a.m.

A woman accused of suffocating a drug-overdosed man, burning his body and then stealing his car was given both a life and a 15-year prison sentence Tuesday.

Chief Deputy District Attorney L.J. O'Neal said Deborah Smith will have to serve her robbery sentence before her murder sentence, thus she is not eligible for parole for at least 13 years.

District Judge Sally Loehrer also ordered Smith to pay $8,000 in restitution and serve a concurrent prison sentence of three years for writing a bad check with intent to defraud. She has to pay $1,510 in restitution on the check case.

Smith, who is also known as Deborah Payne, pleaded guilty two months ago to second-degree murder and robbery in connection with the June 1998 death of Jack "Rusty" Gornik, 38.

Smith and Wendell Deane McGinnis were arrested after acquaintances of theirs went to police with information about the case.

The acquaintances told police that Smith and McGinnis decided to kill Gornik because they suspected he had stolen some heroin from Smith. The three ended up living together after Gornik picked the pair up when their car broke down.

Smith reportedly told the acquaintances that when attempts by McGinnis to kill Gornik with a drug overdose and by battering him didn't work, she placed a plastic bag over his head.

Workers at the Littleton Roofing Co., 3053 N. Nellis Blvd., found Gornik's remains after extinguishing a trash bin fire on June 25, 1998.

Although the body was badly burned, the autopsy revealed Gornik died of morphine poisoning, not suffocation.