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Witness saw man grin after shooting

Fatal gunshot fired from close range

NEW CASTLE - Moments after fatally shooting a man with whom he had earlier traded punches, Willie Henry Smith smiled.

Anthony Alexander, who testified he saw the Butler County man fire the 9 mm pistol and grin in apparent satisfaction, stood in disbelief only feet away.

He rushed to help the victim, 21-year-old Torrence Respress of New Castle. But within three hours, Respress - Alexander's cousin - was dead.

Alexander, 34, provided the most compelling testimony - and most helpful for prosecutors - at the second day of Smith's murder trial Thursday.

Smith of Franklin Township is charged with homicide in Respress' slaying New Year's Day 2003 outside a New Castle home. He faces life in prison without parole if convicted of first-degree murder.

An eight-man, four-woman jury is hearing the case before Lawrence County Judge Dominick Motto. Jurors could begin deliberations as early as Monday.

District Attorney Matthew Mangino contends the premeditated and cold-blooded killing followed heated words and a fight between the defendant and victim.

Defense attorney Thomas Leslie argues his client did not intend to kill Respress, but meant to hit him with the gun, which accidentally discharged.

Smith is being held without bond at the Lawrence County Prison, where he's remained since his arrest.

Alexander of New Castle testified he drove with three friends to the Boyles Avenue home of another friend about 10 a.m. Jan. 1, 2003.

He and the others had driven to the home to "get more drugs." Hours earlier the group had smoked crack and marijuana, Alexander testified.

A New Year's Eve party was still not over at the home by the time Alexander and the others got there. He recognized most of the five or six partygoers, including Smith and Michael Malnar, 29, of New York City.

He spotted Respress outside and noticed he was sporting a swollen eye. Alexander said he suspected his cousin had been in a fight and went to check on him.

Testimony on Wednesday revealed that Respress, an unemployed construction worker, and Smith, disabled and unable to work due to chronic lung disease, had exchanged insults and punches a short time earlier.

Out of the blue, Alexander said, he heard Torrance Hawkins, also at the house, shout: "Where's my gun?" Hawkins then urged: "Shoot (Respress) in the leg."

Coincidentally, Hawkins, 33, of New Castle, died earlier this month; his body found June 6 along an abandoned railroad bed in Worth Township, Butler County.

State police are continuing to investigate the death but suspect Hawkins died of a drug overdose.

Alexander, after hearing Hawkins call for a gun, saw Malnar walk into the house and return with a pistol.

Malnar fired a single shot that entered Respress' right thigh, passed through and into his left thigh.

Malnar and Respress had also exchanged heated words earlier at the party, according to testimony.

Malnar in October was sentenced to 10 to 40 years in state prison after pleading guilty to aggravated assault and weapons charges for shooting Respress.

Suffering from gunshot wounds to both legs, Respress limped away from the house and across the street.

"That's when Willie ran out and said, 'Gimme the gun. We have to kill him now,'" Alexander testified.

Smith took the gun from Malnar and chased down Respress, who was trying to support himself against a tree.

Alexander ran up and implored Smith not to shoot Respress. The defendant seemed to heed the pleading and headed back toward the house.

But as Alexander started running down the street to his brother's house nearby to get help for his cousin, Smith returned to Respress.

"(Respress) is ducking his head around the tree, bobbing back and forth so he couldn't be shot," Alexander said, noting he was only 20 feet away and saw the defendant extend his arm with gun in hand.

"That's when Willie discharged the gun and shot my cousin in the head." The victim fell face first onto the sidewalk.

Alexander's testimony corroborated that of a woman who testified a day earlier that she, too, had seen Smith shoot Respress.

After the gunshot, "Will looked around and kind of smiled at me," Alexander testified.

Respress' mother, Doreese Bell, upon hearing of Smith grinning after shooting her son, bolted out of the courtroom, sobbing.

Alexander said he ran over to hold Respress as Smith walked back toward the house. The victim was having difficulty breathing.

Meanwhile, police got to the house just as Smith had gotten into his Cadillac and tried to drive away.

Patrolman Fred Busman, the first officer to arrive, drew his gun and ordered Smith to stop the car. The defendant instead accelerated, nearly striking the officer with the car.

Hoping to stop the car, Busman testified that he fired two shots at the rear tires but apparently missed.

Another officer just up Boyles Avenue had arrived in time to use his cruiser as a roadblock. Smith was arrested and handcuffed.

The gun, a Ruger 9 mm, was recovered near the victim's body and a partially loaded magazine clip from the same pistol was found inside Smith's car, according to testimony.

Three hours later, as police were interviewing the defendant, Respress died at St. Elizabeth's Hospital in Youngstown, Ohio.

Dr. Lisa Kohler, chief medical examiner in Summit County, Ohio, who performed the autopsy, testified that Respress died of the gunshot to the head.

Findings, she said, indicated the gun was only 2 inches to 2 feet away from Respress' head when it discharged.

Leslie said he would likely call only one witness - his client.

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