A Conewago Township man who was charged with first- and third-degree murder began his jury trial Tuesday morning at the Adams County courthouse.
Walter Mark Smith Jr., 45, allegedly beat his friend, Mitchell Jones, to death at a home in the first block of Chapel Road in Conewago Township on June 4, 2016.
The trial began at about 8:35 a.m. with opening statements from District Attorney Brian Sinnett along with Assistant District Attorney Robert Bain for the state and Attorney Anthony Miley and Associate Attorney Nichole Collins representing Smith.
A jury of six women and eight men listened to opening statements and nine witness testimonies.
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Summary of nine witness testimonies:
Patricia Glass, Jones’ mother
Glass told the court she had returned home from vacation on June 4, 2016, to police and coroner cars in her driveway.
The coroner explained to her what happened to her son, who she said was in counseling and on medication.
Glass spoke to her son for the last time on the phone earlier that week.
She also told the court that Smith and her son were friends and lived together off and on.
Randy Becker Jr., friend of both Smith and Jones
Randy Becker said that he knew Jones and Smith since he was a kid and had let each of them stay with he and his wife, Dawn Becker. Smith stayed with them for a few weeks in 2008 and Jones stayed with them for about two months in 2013.
Jones was about 5-foot-8 and about 100 pounds, according to Randy Becker.
He told the jury that on the night of June 4, 2016, Smith came to his home with a swollen right hand and told him that he killed Jones. He was also told by Smith that they got into a fight and Jones came at Smith with a screwdriver.
Randy Becker also said that Smith told him hewas going to take the truck, crack stem, Jones' bodyand light him on fire.
Randy Becker said that he had his doubts if Smith’s story was true, but after Smith left Randy Becker and his wife went over to the home on Chapel Road.
He and his wife went into the home through the back door and up the stairs.
“I got half way up the stairs when I smelled blood, it was like a butcher shop,” Randy Becker said in court.
Randy Becker said he continued upstairs and found Jones’ body lying on the floor with a black trash bag covering his head and torso.
He said he lifted the bag to check to see if Jones was breathing, which he wasn’t.
Randy Becker then went back outside with his wife, called 911 and waited for police to arrive.
Dawn Becker
Dawn Becker told the court that the she knew Jones and Smith for 17 years, but hadn’t seen Smith for about two years until June 4, 2016.
She also said when Smith came to see her and her husband he arrived in Jones’ truck and she could tell that Smith had been drinking.
Dawn Becker said she wasn’t sure if Smith was telling the truth, but told her husband that maybe they should go check on Jones just in case.
Matthew Duncan, Conewago Township police officer
Duncan was the first police officer to arrive to the Chapel Road home, where he met up with Randy and Dawn Becker.
Duncan went into the home through the rear entrance and walked through the home with a flashlight. He saw broken furniture and debris throughout the home.
Once upstairs he said he saw a foot and in one of the bedrooms he located Jones lying in a pool of blood. He told the court he announced himself, but there was no response. Jones’ body was cold, pulseless and very pale.
He also said he saw a screwdriver clenched in Jones’ hand.
Duncan told officer Burnell Bevenour his findings once Bevenour arrived to the scene and they cleared the home and set up a perimeter.
Duncan said he then took the Beckers to the police station to get their statements.
Burnell Bevenour, Conewago Township police officer
Bevenour told the court when he arrived on scene he spoke with Duncan, and they did a protective sweep of the home.
He also stated that there were no signs of forced entry.
When Bevenour went upstairs he said he saw a wooden chair with blood on it. There was blood on the walls and Jones on his back with a bag over him.
He said there was no sign of life, and he left the room to call the District Attorney’s Office and more police.
He said there was also a ‘be on the lookout’ (BOLO) for Jones’ vehicle since the Beckers told him they saw Smith driving Jones’ truck.
William Sherman, Smith’s mother’s boyfriend
Smith’s motherhas lived with Sherman for 18 years, and Sherman stated that he has known Smith for the same amount of time.
Sherman said Smith came to his home on June 4, 2016 at about 11:40 p.m., came inside and began telling his mother what happened.
Smith was described by Sherman as hysterical, distraught and babbling. He said Smith was saying a lot of things, but what he recalls is that Smith said he killed Jones.
Sherman said Smith was going to call police, but Sherman suggested they go to the home and check on Jones to see if he was really dead and not just unconscious.
Smith drove Jones’ truck back to the scene, and Sherman followed him there.
Sherman said he also remembered Smith saying that Smith and Jones were doing crack and he mentioned a screwdriver.
Once at the scene, Sherman said he saw Smith get out of the truck and was conversing with police. Then he saw Smith and police tussling before they ended up on the ground.
He said he then saw police put Smith in the back of a police car.
Sherman was at the scene for about 20 minutes and then went to the police station to give a statement.
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William Hartlaub, former Conewago Township police detective
Hartlaub said he was at home when he received a phone call at about 10 p.m. June 4, 2016, to come out to the scene.
When he arrived he said he saw a few police cars, the Beckers and talked with Conewago Township police Sgt. Gary Baumgardner.
Hartlaub went into the home to see Jones.
He said he heard over dispatch that the BOLO vehicle was heading to the scene. When Hartlaub found Smith in the back of a police car, he instructed police to put Smith in the back of his vehicle and he transported Smith back to the station.
Smith was placed in a holding cell where Hartlaub said he became aggressive and Hartlaub had to kick him twice to subdue him into restraints.
Hartlaub got a search warrant to photograph Smith’s minor injuries from the alleged fight with Jones.
Hartlaub and Conewago Township police officer Kevin O’Brien then transported Smith to Gettysburg Hospital for a wellness check.
Sgt. Gary Baumgardner, Conewago Township police
Baumgardner was also at home when he received a phone call requesting him to come to the scene at about 10:30 p.m. on June 4, 2016.
He said he too heard the dispatch about the BOLO vehicle approaching the scene and talked to Smith.
He said he asked for Smith’s identification, to which Smith threw his wallet onto the hood of the vehicle he was driving.
Baumgardner saw that Smith had a pocket knife in his pocket and he informed Smith that he was going to reach for his pocket knife. As he reached for the knife, Baungardner said Smith drew his arm back and made a fist like he was going to punch him.
Baumgardner said he blocked him and then took Smith to the ground and cuffed him. He also stated that Smith appeared to be under the influence.
Taylor Knott, fire policeman
Knott told the court that he was dispatched to close down Chapel Road on June 4, 2016, and his main duty was to direct traffic to detour around the scene.
He said an irate man, Smith, drove up in a maroon Chevrolet pickup truck and asked how he could get to the house. Knott recognized the truck from the BOLO and instructed Smith to where Knott knew the proper authorities would find him.
Knott said he then contacted his superior about Smith.
When questioned by the defense, Knott stated that Smith did not threaten him during their encounter.
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The jury was also shown physical evidence from the crime scene and photos. They were also shown photos of Jones’ autopsy.
All of the blood found at the scene was tested and determined to be Jones’ blood.
DNA taken from the screwdriver came back as both Jones' and Smith’s.
In the crime scene and autopsy photos, Jones’ face was covered in blood, swollen and bruised. He had bruising on his arms, and his hands also had blood on them.
In the trash bag that was placed over Jones’ head, Hartlaub said there was about one quart of blood.
Hartlaub also there was a large amount of blood under Jones’ head and hands.
Jones sustained multiple injuries includingtwo hemorrhaging eyes and cuts to the inside of his top and bottom lip.
Police also received a search warrant for the vehicle Smith was driving where they found a 12-pack Natural Ice beer box and empty beer cans on the passenger floor.
The trial will continue at 8:30 a.m. Wednesday whenthe court will hear from expert witnesses.
