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Mavericks help Dorian Finney-Smith’s father secure parole after 29 years in prison

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James Foglio
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James Foglio Sports Editor

James is a Basketball Insiders contributor. He earned his bachelor's degree in English and Creative Writing from Southern New Hampshire University. James enjoys watching sports and helping gamblers win money.

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Updated28 Jul 2023

Dallas Mavericks help Dorian Finney-Smiths father secure parole after 29 years in prison

The Dallas Mavericks traded Dorian Finney-Smith, Spencer Dinwiddie, and three draft picks (2027, 2029 second-rounders, 2029 first-rounder) to the Brooklyn Nets for Kyrie Irving and Markieff Morris in February, but the Mavericks organization has continued to support Finney-Smith’s personal life.

The Virginia Parole Board voted 3-0 to grant freedom to Finney-Smith’s father, Elbert Smith Jr., who has been incarcerated for the last 28 years and four months of Dorian’s 30-year life. The Mavericks helped Elbert’s son overcome legal and political obstacles to get the parole board to consider the case.

Mavericks owner Mark Cuban, general manager Nico Harrison, and chief of staff Jason Lutin were among Dallas’ front-office members to provide written testimonials during Smith’s hearing, “all vouching for Finney-Smith’s character.”


Lutin helped Finney-Smith prepare the legal case to free his father. They also received assistance from former Virginia attorney general Jerry Kilgore, now a partner at law firm Cozen O’Connor, who agreed to take on the case for the public good.

“My whole family is in tears,” Finney-Smith told Brad Townsend of the Dallas Morning News after the board’s vote. “It hasn’t set in; probably won’t until I see him out. I haven’t touched my dad since … ever.”

The VPB granting parole in cases is a rarity. Prior to Wednesday’s vote, the board had granted parole in only 23 of 1,255 cases it had considered so far in 2023.

“Lutin’s the GOAT; he’s that dude,” Finney-Smith told Townsend. “Jason told me, ‘You’re always family,’ and he backed it up, for sure. He could have put it on the back burner, especially after I got traded.”

Dallas Mavericks help Dorian Finney-Smith’s father secure parole after 29 years in prison; Elbert Smith was ordered to serve a 44-year sentence in 1995

Elbert Smith, 52, was found guilty of a Jan. 25, 1995, murder. However, the board deemed his prison time and rehabilitation to be adequate based on the severity of his transgression.

“I’m just happy we could help,” Cuban told Townsend. “We are indescribably appreciative to Mr. Kilgore and glad for Doe Doe [Finney-Smith’s nickname] and his dad. Doe is a special guy. He deserves this.”

According to the case files, Smith was taken into Virginia Department of Corrections (VDOC) custody on Nov. 14, 1996, and was ordered to serve a 44-year sentence for two counts of malicious wounding, second-degree murder, use of a firearm in the commission of a felony, and distribution of cocaine.

Additionally, Smith was classified as a Level S inmate. Level S is a security classification reserved for hostile inmates who must be managed in a segregation setting. Allowing them to interact close with other inmates or with staff would pose a security risk.


If not for the VPD granting his parole, Smith could have remained in prison until 2039.

Furthermore, Smith served more than four years of an indefinite period of solitary confinement at the Wallens Ridge State Prison, per Matthew Clarke of Prison Legal News.

He was held in a 9-by-14-foot isolation cell 24 hours a day and was allowed three showers and five weekly recreation periods in an 8-by-14-foot fenced cage.

“His status was reviewed every 90 days, but each review recommended he remain in solitary for failure to follow the VDOC grooming policy. He filed a federal civil rights action pursuant to 42 U.S.C. § 1983, alleging denial of due process,” Clarke wrote.

Elbert Smith is grateful for the Dallas Mavericks organization.

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