- {West Virginia}...Harry Lee Smith, 66, has been charged with first degree murder in connection to the death of his wife, 62 year old Constance Smith. Cabell County Sheriff's Deputies say a call came in about an accidental shooting in the area of Birkewood Road near Barboursville shortly before 11:00 P.M. Saturday night. Deputies found Constance Smith dead, with a gunshot wound to the head. Harry Smith told Deputies that the gun accidentally discharged, but investigators say the evidence did not match up to Smith's story. Constance Smith's body was taken to the medical examiner's office in Charleston.