Homicide charge dropped, others sent to trial in case against Erie man accused of killing girlfriend

When Erie police officers who responded to a domestic dispute at a westside apartment on Nov. 24 found an unconscious woman with numerous injuries, they charged her boyfriend, 51-year-old Jeff A. Selby, with attempted homicide.

When 51-year-old Mary Smith died three days later at Saint Vincent Health Center, police withdrew the attempted homicide count and charged Selby with homicide.

That charge was dismissed during Selby's preliminary hearing on Thursday morning after Selby's lawyer argued that the manner of Smith's death has never been officially determined.

Erie 3rd Ward District Judge Tom Carney did order Selby held for trial on charges of aggravated assault, recklessly endangering another person and unlawful restraint in the alleged attack on Smith at her West 17th Street apartment.

Erie County District Attorney Jack Daneri said Thursday that his office will refile the homicide charge against Selby at some point. Carney told prosecutors after Thursday morning's hearing that he would recuse himself from the case if the charge is refiled.

Selby remains in the Erie County Prison without bond. His lawyer, Gene Placidi, did not ask Carney for a change in bond at the end of Thursday's hearing.

Prosecutors provided testimony from a neighbor and from an Erie police officer to explain the events that they allege occurred at Smith's apartment on the night of Nov. 24. Neither said they saw Selby assault Smith.

Smith and Selby were found inside the bathroom of her apartment after officers went inside when no one would answer the door.

Erie County Assistant District Attorney Erin Connelly then presented into evidence a copy of the autopsy report on Smith. Connelly said that, in the opinion of Erie County Forensic Pathologist Eric Vey, M.D., Smith died of lack of oxygen to the brain. How that occurred is undetermined, she said.

Connelly also noted from the autopsy report that Smith suffered blunt-force trauma to the head, face and trunk; rib fractures; and multiple abrasions and contusions.

Placidi argued that, based on the report, the homicide charge should be dismissed because the manner of Smith's death was not ruled a homicide. Connelly then called Erie County Coroner Lyell Cook to the witness stand. Cook said the manner of death was undetermined, although natural causes were ruled out in Smith's death.

Cook said under cross-examination by Placidi that his office was not able to determine a manner of Smith's death to a reasonable degree of medical or scientific certainty. When asked by Placidi if calling Smith's death a homicide at this point was premature, Cook said yes.

Thursday's hearing opened with testimony from Smith's neighbor, Rebecca Smith, who said she heard "thuds" coming from Smith's apartment when she returned from the store on Nov. 24, but thought nothing of them because the noises were not "uncommon." Rebecca Smith said after she returned home from a quick trip to another store, she saw Mary Smith hanging out of the door to her apartment. Rebecca Smith said Mary Smith told her to call 911 because Selby was beating her up and wouldn't let her leave the apartment.

Rebecca Smith said as she called 911, she saw Selby appear at the door and pull Mary Smith back into the apartment. She said she then heard what she described as "bloodcurdling screaming" coming from inside the apartment.

Rebecca Smith said she told the 911 operator to get someone to the apartment because "I'm hearing the worst screaming of my life."

Rebecca Smith said under cross-examination that she heard banging and yelling coming from Mary Smith's apartment three to four times a week. She also said she asked Mary Smith if she was sure she wanted her to call the police on Nov. 24, because she had called the police for Mary Smith once before but Mary Smith told officers who responded a story about her looking for her brother.

Erie police Patrolman David Smith testified Thursday that he and other officers who responded to the West 17th Street apartment on Nov. 24 went inside through a window after no one answered the door, and they found Selby and Smith in the bathroom. Smith was facedown on the floor, and Selby was lying faceup on Smith's lower legs.

The officer said Mary Smith was "completely gray" and unresponsive when he rolled her over after dragging Selby into the living room. Selby had bloody scratches on his forearm, he said.

David Smith said he saw Selby's fingers moving and his eyes open when he looked into the bathroom, but Selby's eyes closed when he took a closer look at him, the officer said.

TIM HAHN can be reached at 870-1731 or by e-mail. Follow him on Twitter at twitter.com/ETNhahn.

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