The justice system gave Cornell Smith a second chance. And a third. And a fourth. And now he stands accused of murdering an innocent Northeastern student in a case of mistaken identity.

A Suffolk County grand jury indicted Smith on Friday on charges he murdered Rebecca Payne in her Parker Hill Avenue apartment in 2008 by shooting her in the knees and the chest. The Suffolk County District Attorney's office says Payne, a New Milford, CT resident who had a job at Legal Seafood, did not know Smith. Channel 7 reports police think Smith got Payne confused with another resident of the building, who looked like her - but who had some sort of gang affiliation.

Boston Police report they want to talk to anybody who saw a black van on or near Parker Hill Avenue between 2 and 3 a.m. yesterday - about the time that Northeastern senior Rebecca Payne was being shot repeatedly in her apartment there:

Boston Police Superintendent Bruce Holloway stated, "Investigators have not yet determined whether or not Rebecca knew her assailant. Detectives will continue to follow the evidence wherever it takes us and are actively pursuing all information that comes forward."