 Both the NYPD and the District Attorney's office believed that Shaw, Lewis and Link Mitchell, who had since fled the state, were responsible for Smith's murder and that friends of Smith had retaliated by going after Lewis and Shaw.Under the direction of District Attorney Edward Swann, Assistant District Attorney John F. Joyce stated that he intended to seek indictments and said "We have at least three persons who saw Shaw, Lewis, and a third man enter the Marginal Club, walk up behind Smith and begin shooting.Our records show that Lewis was released from Elmira Reformatory three months ago.