Calgary

Basketball player killed defending girlfriend was a 'fierce protector,' family says at manslaughter plea

SAIT basketball player John Mitchell Smith Jr. should have been planning his wedding with Michaela Allen-Gullion this summer. Instead, she will be in a courtroom at the sentencing hearing for his killer, who pleaded guilty to manslaughter on Monday.

Michael Martinez, 36, killed John Mitchell Smith Jr., 31, in October 2021

A man holding a basketball stands in front of an outdoor wall mural.
John Mitchell Smith Jr. made Calgary home for years after moving from Washington to play college basketball. (Calgary Police Service)

John Mitchell Smith Jr. should have been planning a wedding with Michaela Allen-Gullion this summer. Instead, she will be in a courtroom at the sentencing hearing for his killer.

On Monday, Jesse Martinez, 36, pleaded guilty to manslaughter on what was supposed to be the first day of his second-degree murder trial. He will be sentenced this summer.

Smith was killed protecting Allen-Gullion and her friend from Martinez's unwanted sexual advances and physical contact.

Before he was killed, Smith had been planning to propose to Allen-Gullion. 

"John is the love of my life," said Allen-Gullion. "I'm still very much in love with him."

She said Martinez destroyed her future.

"He didn't just end John's life, he ended mine as well."

Smith 'spread the love everywhere he went'

At the time of his death, Smith played basketball for the SAIT Trojans. He had been the school's president of the Black and Indigenous Student Union, a volunteer coach with kids and was, at the time, pursuing a business administration diploma. 

"He spread the love everywhere he went," said Allen-Gullion outside of court after Martinez's plea. "Light came from every single interaction he had."

Growing up, Smith's home included two sisters and his mother. 

Cylon Bates says she taught her son to stand up for and protect women. 

It was that mentality, Bates believes, that Smith was practising the night he was killed.

Five women stand together with their arms around each other in the lobby of the Calgary Courts Centre.
From left to right: Eileen Gullion and her daughter Michaela Allen-Gullion, who was John Mitchell Smith Jr.'s girlfriend, Smith's sisters Krystal Smith and Sade Smith, and their mother, Cylon Bates. (Meghan Grant/CBC)

The details of Smith's killing come from an agreed statement of facts read aloud in court by prosecutor Margot Engley as part of Martinez's plea.

On Oct. 10, 2021, around 2:30 a.m., Allen-Gullion and a friend left the Junction nightclub in downtown Calgary.

Smith was close behind but stopped to talk to a bouncer. 

Martinez grabbed Smith's girlfriend

Outside, Martinez and his friends were about 10 metres west of the club, standing beside an SUV blasting music with its doors open.

"It was apparent to witnesses that the accused and his friends were looking to pick up women as they left the bar," reads part of the agreed statement of facts.

Allen-Gullion and her friend left the bar and walked by Martinez, who approached the women and put his arm around Allen-Gullion. He mistakenly believed she was someone he'd spoken with earlier in the night, according to the document.

Martinez's advances were rejected and he was told to back off.

He stepped back but grabbed Allen-Gullion's arms, according to the facts.

Two photos of a man under arrest appear side-by-side.
Calgary police released these photos of Jesse Michael Martinez, 35, when they were looking for him in connection with the fatal shooting. (Calgary Police Service)

At that point, Smith had caught up to the group and saw what was happening. He punched Martinez in the face. 

When Martinez fell to the ground a gun fell out of his pocket. 

Martinez picked up the weapon and in a second physical confrontation with Smith two shots were fired. 

Smith was struck in the leg and chest.

'John did the right thing'

Allen-Gullion ran to Smith and put pressure on his chest wound until police and paramedics arrived. 

Despite the efforts of his girlfriend and first responders, Smith was pronounced dead at the hospital. 

Allen-Gullion remains close with Smith's family. She and her mother stood shoulder-to-shoulder with Smith's sisters and mother outside of court.

"He's always been a fierce protector," Sade Smith said of her brother. 

"When we first heard about what happened, I was not surprised by his action as far as intervening. Too often we hear of people not intervening, we see women get hurt. So I believe from the bottom of my heart John did the right thing."

ABOUT THE AUTHOR

Meghan Grant

CBC Calgary crime reporter

Meghan Grant is a justice affairs reporter. She has been covering courts, crime and stories of police accountability in southern Alberta for more than a decade. Send Meghan a story tip at meghan.grant@cbc.ca.