by peter e. bortner
Bryan R. Smith spent his last hours tied to a tree in South Manheim Township, eventually being found with his lifeless body face down in the dirt, according to police.
This morning, prosecutors put a Schuylkill Haven man on trial for criminal homicide and related charges in connection with Smith's May 2012 death.
Keith A. Reber, 49, faces a potential prison sentence of life without the possibility of parole for what prosecutors allege was his killing of Smith, 26, of Orwigsburg, on May 28, 2012.
His trial is set to begin at 9 a.m. today before Judge Charles M. Miller and a jury of eight women and four men.
Assistant District Attorney Michael A. O'Pake, who is trying the case with Assistant District Attorney Rebecca A. Elo, told jurors when they were selected Thursday that the trial should last about five days.
In addition to criminal homicide, prosecutors have charged Reber with aggravated assault, kidnapping, conspiracy, unlawful possession of firearms, unlawful restraint, recklessly endangering another person, tampering with evidence, possession of firearm with altered manufacturer's number and two counts of simple assault.
If convicted of one or both of the most serious charges he is facing, first- and second-degree murder, Reber faces a mandatory life sentence, which in Pennsylvania carries no chance of parole, since prosecutors are not seeking the death penalty against him.
State police at Schuylkill Haven have alleged that about 3 a.m. May 28, 2012, Reber and Daniel W. Dull, 26, of Orwigsburg, took Smith to 294 Meadow Drive, Reber's home, marched him to a secluded wooded area, bound him to a tree and left him to die. Reber returned to the scene about 11 p.m. that same day and found Smith dead, according to police.
Prosecutors said Smith was found with his face in the dirt, and that Reber was punishing him for allegedly stealing from his girlfriend, Lisa Keller.
O'Pake has said Dull, who is charged with criminal homicide, aggravated assault, kidnapping, conspiracy, unlawful restraint, recklessly endangering another person and simple assault, will be one of the prosecution witnesses against Reber. O'Pake also said Dull's case will be concluded after Reber's trial.
Robert J. Kirwan II, Reading, who is representing Reber, is no stranger to Schuylkill County Court, having represented two of the last three men who took their homicide cases to trial in the county.
He represented Franklin Stumhofer Jr., 40, of Molino, who was convicted on Aug. 9, 2012, of third-degree murder, four counts each of aggravated assault with a deadly weapon and simple assault and five of recklessly endangering another person for the fatal shooting of his father, Franklin Stumhofer Sr., on Sept. 7, 2011, in West Penn Township, and shooting at three other men on the same day in Hamburg.
Stumhofer is serving 16 3/4 to 33 1/2 years at State Correctional Institution/Frackville.
Kirwan also represented Julius C. Enoe, 34, of Reading, who was found not guilty on Sept. 2, 2011, of criminal homicide, conspiracy, burglary, robbery, theft, simple assault, two counts of aggravated assault and four of recklessly endangering another person in connection with the March 16, 2010, shooting of Bruce L. Forker, 24, of Shenandoah.