Bryan R. Smith died from drugs, not being tied to a tree, the lawyer for one of the men charged with killing him in May said Monday in Schuylkill County Court at a hearing to try to win his client's freedom.
"He had without exaggeration nearly every drug known to man on board," Frederick J. Fanelli, Pottsville, said of Smith, 26, of Orwigsburg, whose death Keith A. Reber is charged with causing.
Reber, 49, of Schuylkill Haven, sat silently as Fanelli and Assistant District Attorney Michael A. O'Pake argued to Judge Charles M. Miller whether some or all of the charges against him should be dismissed. Fanelli is seeking dismissal of all charges.
At the end of the 30-minute hearing, Miller made no ruling, instead directing the lawyers to submit briefs outlining their positions by Jan. 25, 2013.
State police at Schuylkill Haven have charged Reber with criminal homicide, aggravated assault, kidnapping, conspiracy, unlawful restraint, recklessly endangering another person, prohibited possession of firearm, possessing a firearm with an altered manufacturer number, tampering with evidence and two counts of simple assault.
They alleged he and Daniel W. Dull, 25, of Orwigsburg, led Smith to 294 Meadow Drive, Reber's home, about 3 a.m. May 28, marched him to a secluded wooded area, bound him to a tree and left him to die.
Dull is charged with criminal homicide, aggravated assault, kidnapping, conspiracy, unlawful restraint, simple assault and recklessly endangering another person.
Fanelli told Miller that the cause of Reber's death was officially listed as "excited delirium due to amphetamine use," which should rule out any murder charge.
"There's nothing in that report ... that in any way suggests that this was an intentional killing," Fanelli said. "Causation is a key element in this case. The commonwealth will not be able to prove the murder counts."
However, O'Pake said this is not the appropriate time for Fanelli to make those arguments.
"These are arguments that he should be making to a jury," O'Pake said.
O'Pake said prosecutors do not yet have to prove their case beyond a reasonable doubt.
"Prima facia, we have established first-degree murder," he said. Keith A. Reber
· Age: 49
· Residence: Schuylkill Haven
· Charges: Criminal homicide, aggravated assault, kidnapping, conspiracy, unlawful restraint, recklessly endangering another person, prohibited possession of firearm, possessing a firearm with an altered manufacturer number, tampering with evidence and two counts of simple assault