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Pre-trial motions heard in Duncansville shooting death

Jenkins faces murder charges in neighbor’s shooting death

HOLLIDAYSBURG — A Blair County judge heard multiple pre-trial motions during a hearing convened for the case of a Duncansville man charged in the murder of his neighbor after accusing the other man of molesting him and his sister when they were children.

David Harold Jenkins Jr., 52, is facing first- and third-degree murder, two felony counts of aggravated assault and single misdemeanor counts of possession of a weapon and tampering with physical evidence.

Jenkins, who is being held at the Blair County Prison with bail denied, turned himself into state police the day he allegedly shot and killed Zachary Scott Smola, 60, following a confrontation on Smola’s property along the 1400 block of Longview Drive on Oct. 3, 2024.

Court documents state that Jenkins had been accusing Smola of sexually assaulting him and his sister about 40 years ago, when they were children, and that Jenkins was frustrated by a lack of success in pursuing justice.

Among the motions made by defense attorney Thomas Dickey, who participated in the hearing via phone call, was a request for an extension of time to file any paperwork in the case, with court documents filed in support of the motion stating that a “post-traumatic stress disorder defense may involve insanity or mental infirmity and may require the introduction of expert evidence.”

Dickey asked for the extension “until such time as the necessary experts examine Jenkins.”

After hearing no objections from Blair County District Attorney Pete Weeks or First Assistant District Attorney Nichole Smith, Judge David Consiglio granted the motion by giving Dickey a 60-day time extension.

Dickey also made a motion for the appointment of experts. In supporting court documents, he requested the engagement of a psychiatrist and an expert on PTSD due to the “complexity and seriousness of the charges.” Consiglio ordered that matter be rescheduled for a separate hearing.

Upon the request of Dickey, Consiglio then deferred his motion for a change of venue and jury pool until a date for jury selection in the case is set.

In his request for a venue change, Dickey stated the case’s publicity “has been sustained, extensive and pervasive” so a fair and impartial jury could not be assembled from the pool of potential jurors in the county. He asked for a pre-trial, pre-jury selection hearing be scheduled in the matter to determine the extent of the publicity and, if the change be denied, for a supplemental questionnaire ascertaining potential jurors’ awareness of the case be included with their standard juror information questionnaire.

Jenkins allegedly admitted to killing Smola during an interview with Allegheny Township and state police after turning himself in at the state police barracks in Hollidaysburg. He told officers he felt justice needed to be done and that he left his home about 6:30 p.m. to look for Smola.

When he saw Smola on a lawn tractor, he confronted him. The two then got into a physical fight, wrestling and exchanging punches, Jenkins told police.

Jenkins said he took an AR-47 from his car and discharged one round, striking Smola in the head from about 10 feet away, court documents state.

He then got into his car, left the scene and drove to the state police headquarters where he turned himself in, according to his account to state police.

During the investigation, police learned that Jenkins spoke with the mother of his children and her husband on Sept. 17, 2024, in regard to a “pedophile,” as Jenkins stated, however the couple did not know whom he was talking about. Jenkins told them that his sister was molested by the same individual, the couple told police.

Jenkins’ next court appearance is scheduled for Oct. 21.

Mirror Staff Writer Rachel Foor-Musselman is at 814-946-7458.

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