All motions denied by Fayette judge in Penn Hills man’s homicide hearing
A Fayette County judge denied a motion to suppress statements made by a Penn Hills man charged in a May homicide in Uniontown.
Tyree “Brick” Smith, 22, allegedly shot Richard Anthony Hinton, 28, of Uniontown at a Dunlap Street home on May 22. Hinton died from the gunshot wound below his right eye.
An arrest warrant was issued for Smith, who was apprehended in New Brighton, Beaver County, and transferred to Fayette County.
New Brighton Police Chief Ronald Walton testified Thursday that when he took Smith into custody, Smith refused to sign a waiver of his rights and told police he did not want to return to Fayette County.
Assistant Public Defender Michael Aubele argued that statement should be suppressed because it could be misinterpreted at trial; however, Judge Nancy D. Vernon denied the request, noting it would be the job of a jury to assess how much weight to give the statement.
Aubele also contended that a later statement Smith gave to Uniontown City police after he was brought back to Fayette County should be suppressed because it wasn’t voluntarily given.
Uniontown police Officer Jamie Holland testified Smith signed a waiver of his rights and agreed to speak with police.
Assistant District Attorney Meghann Mikluscak argued that Smith gave the verbal and written statements knowingly, intelligently and voluntarily. She also contended there was probable cause for police to apply for search warrants and seize items, including Smith’s clothing and a handgun.
Vernon agreed, denying all motions to suppress statements and evidence collected. She also denied a motion to drop the charges against Smith, finding prosecutors had sufficient evidence to file them.
Smith is currently lodged in the Beaver County Prison with bail denied.