Athens Review, Athens, Texas

Local News

Related Photos

Discussion

November 6, 2008

State rests case

Jurors in Smalley capital murder trial view medical evidence

By Angela Weatherford Associate Editor

Prosecutors rested Wednesday in Judge Dan Moore’s 173rd District Court after shedding more light on a local man’s death on Sept. 1, 2007.

According to a medical examiner’s testimony, Tony D. Moore was violently beaten and strangled. His body also showed signs of being dragged after he had died.

While Moore’s family sat crying during the testimony, Edward Ray Smalley — charged with capital murder in Moore’s death — sat between his attorneys expression-less, occasionally looking at a screen projecting photos.

If found guilty, Smalley could receive life in prison without parole.

Prosecutors claim Moore and Smalley were in a violent fight that moved from inside a house on Clinton Street to the yard. While in the yard, Smalley killed Moore and dragged him inside the house where he was found on Sept. 3, 2007.

Smalley has claimed he killed Moore in self defense.

Assistant District Attorney Barry Spencer used Wednesday to disprove claims made by Smalley in an interrogation video. The video was shown to the jury Tuesday.

During questioning, Smalley told Athens Police Department Corporal Greg Hill and Detective Sgt. Charles Gurley that Moore hit him over the head with a flashlight and stabbed him in the top of the head with a white Bic pin.

Smalley told police that just prior to the altercation, Moore had been groping and trying to kiss him. During that altercation, Smalley knocked Moore out a couple of times, according to the interrogation video.

“Mr. Ed please, please Mr. Ed,” Smalley remembered Moore saying when he was laying in the foyer of his house after the fight.

“Strangulation is what terminated his life,” Medical Examiner Tracy Dyer said Wednesday. “There would have been no communication afterward.

Dyer said enough pressure was exerted on Moore’s neck that the deep muscles and the hyoid bone were bruised and fractured. Although the cause of death was listed as strangulation, Dyer also pointed out several extensive bruises to the face and head.

Spencer presented DNA evidence Wednesday showing only Smalley’s DNA was found on the flashlight. DNA analyst Trisha Kacer said Moore was excluded as a contributor to skin cells found on the flashlight.

However, only a partial DNA profile could be taken from the flashlight due to degradation, Kacer said.

Gurley testified he was one of the officers who inspected Smalley’s gray Isuzu truck. During Smalley’s interrogation, he said he threw the white Bic pen that was used to stab him in the head into the bed of his truck.

“To my knowledge there was no pen in that truck,” Gurley said.

“If you saw a pen in the back of a truck with blood or dried blood on it would collect it?” Spencer asked.

“It would definitely be collected,” Gurley answered.

Co-defense attorney John Scott asked Gurley if there was any chance he might have over looked a pen in the back of truck.

“Well, I’ve been doing this for awhile,” Gurley said, “and I am usually pretty thorough.”

Text Only
Local News
  • Mia Orosco wins.jpg 19-year-old wins in competition against best fiddlers

    Mia Orosco wasn’t born with a fiddle in her hand playing a breakdown, but to the crowd at the Athens Old Fiddler’s Reunion it seemed as easy for her as drawing a breath.
    Orosco turned 19 on Wednesday, taking her out of the youth division to compete against the best. She’s only been using her violin in the fiddlin’ style for about five years.

    May 25, 2012 1 Photo

  • Parking lot altercation leads to arrest

    Athens police, acting on a 911 call, drove up on a an altercation at 505 S. Palestine St. at the Save-a-Dollar parking lot just after 7:30 p.m. Thursday.

    May 25, 2012

  • One arrested, two released after cocaine discovery

    It probably wasn't the best place to hang out — the Henderson County Judicial Center parking lot on West Corsicana Street — not with a quanity of cocaine inside the console of the car.

    May 25, 2012

  • Primary voting Tuesday

    Ready, set, vote.
    The polls open Tuesday at 7 a.m. in the Democratic and Republican Primaries. Henderson County candidates run the gamut from first-timers to long-time incumbents.
    Some county voters will be traveling to new polling places for this round of balloting, after the much-debated redistricting process.

    May 25, 2012

  • Henderson County communities participate in Click It or Ticket

    It's not a good weekend to get out on the state highways without buckling up.
    In fact, that's probably true every weekend.
    But the 11th annual Click It or Ticket Seat Belt Mobilization Campaign is under way, now through June 3, 2012.

    May 25, 2012

  • martha & mary pic.jpg ‘Martha and Mary’

    The Henderson County Performing Arts Center, in conjunction with Elite Barrel Racing, announces the World Premiere of local Playwright R.G. Haynie’s newest play, “Martha and Mary,” on May 31  at 7:30 p.m., with additional shows on June 2, June 7, June 8 and June 9  at 7:30 p.m., with matinees at 2 p.m. on Sunday, June 3 and Sunday, June 10  at the theatre complex, located at 400 Gibson Road in Athens.

    May 25, 2012 1 Photo

  • DSC_0043.JPG Slide Show- Old Fiddlers Reunion The Fiddlers Reunion is in full swing around the Athens Courthouse. Final winners and street dance Friday night. Photos by Kathi Nailling

    May 25, 2012

  • Fiddler's1.JPG Fiddlers firing up

    You can get on out of that bed now, and get yourselves down to the courthouse square.
    The fiddlers are firing up, and they'll be going until the clock strikes 12 with the street dance, as the 81st Annual Old Fiddlers Reunion gets into high gear.

    May 24, 2012 2 Photos

  • Rachaelle Browning.jpg Valedictorian & Salutatorian

    The Athens High School Valedictorian of 2012 is Rachaelle Browning. She is the daughter of Wes and Jan Browning. Rachaelle will be attending the University of Texas at Austin in the fall of 2012 and plans to major in Aerospace Engineering.
    Rachaelle has participated in various extracurricular activities throughout high school in preparation for a career in engineering.

    May 24, 2012 2 Photos

  • At the start.JPG 3rd annual Hornet Fun Run continues through today

    Fourth graders participated Thursday in the 3rd Annual Hornet Fun Run at the Cain Center.  Above is the beginning, when the children would run one mile.  At left, Isaac Garcia is shown taking overall first place.  Second place honors for boys went to Armondo Garcia, and Third place Case Friedrich.  Girls first place was Taylor Stiles, second place Veronica Campa and third place honors went to Semia Brazier. See those that placed, both boys and girls, on Page 14. The fifth grade will run today.

    May 24, 2012 4 Photos