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    Duncansville murder suspect appears for first court hearing, some charges dropped

    By Olivia Bosar,

    1 days ago

    https://img.particlenews.com/image.php?url=2Hxx82_0wBXZHWx00

    HOLLIDAYSBURG, Pa. (WTAJ) — David Jenkins, Jr. was in court Thursday for the first time since admitting to murdering his neighbor in Duncansville.

    The Allegheny Police Department detective involved in the investigation testified in this preliminary hearing on the details of the case — how Jenkins admitted to getting into a fight with his neighbor, Zachary Smola, before shooting him then driving to the state police barracks in Hollidaysburg to turn himself in for murder by his own account.

    But from this testimony, the judge found that there is not evidence of strangulation or of tampering with evidence ultimately deciding to drop those charges against him.

    PREVIOUS COVERAGE: Duncansville murder suspect alleges abuse, harassment by victim

    Testimony also revealed that the autopsy performed on Smola lists the cause of death as a gunshot wound to the head and the manner of death was officially ruled a homicide, meaning there’s enough evidence for prosecutors to pursue murder in the first and third degree.

    Jenkins previously alleged Smola molested him and another family member in the past, citing that as his motive for the murder. His defense attorney, Tom Dickey, said their primary defense will revolve around Jenkins’ state of mind based on those allegations. The investigation into those claims is ongoing.

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    Jenkins’ formal arraignment is scheduled for Nov. 20. District Attorney Pete Weeks has until then to decide whether or not he will prosecute this as a capitol homicide, but, for now, said he will not be seeking the death penalty unless new, aggravating circumstances about the murder come to light.

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