Belt Law Blog

Tammi Smith Convicted in Baby Gabriel Case


One of the most confusing and emotional missing child cases is in the news again as one defendant was found guilty in court of charges related to the case.

Tammi Smith was found guilty of charges of conspiracy to commit custodial interference and forgery.  The jury found aggravating factors that will be considered at Smith’s sentencing:  that the crimes caused emotional harm and that an accomplice was involved.  These charges are felonies with sentencing ranges of 1-3.75 years each.  Smith’s eligibility for probation is to be determined at a hearing before sentencing.

Smith, 40, was the woman who wanted to adopt long-missing Baby Gabriel. She was accused of forging her cousin’s name on a document challenging whether Logan McQueary, 27, was Gabriel’s father.   She was also accused of conspiring with the baby’s mother to deprive McQueary of his paternal rights.

Smith had tried various ways to add another child to her family before placing her hopes on Gabriel.  She explored adopting children from the foster system and from China, offering women money to be surrogate mothers, and walking up to pregnant women and asking to adopt their babies.  She even tried to adopt Elizabeth Johnson, the mother of baby Gabriel.

December 27, 2009, after Elizabeth Johnson, Gabriel’s mother, fled to San Antonio with her son, was the last day Gabriel was seen alive.

Smith’s sentencing has been set for July 6.  She was not taken into custody pending sentencing.


Posted in Child Custody |
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