Admission of photos discussed for murder trial
Jenkins accused of fatally shooting neighbor in 2024
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HOLLIDAYSBURG -- A Blair County judge heard testimony Thursday afternoon from a forensic pathologist regarding the admission of photographs prosecutors wish to show at the trial of a Duncansville man accused of killing his neighbor in October 2024.
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. He has been incarcerated at the Blair County Prison with bail denied since his arrest Oct. 4, 2024.
The charges were filed after Jenkins 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.
The day's proceedings was the third in a series of pre-trial motion hearings, in which presiding Judge David B. Consiglio has heard arguments from the defense and prosecution on such matters as the appointment of experts and a change of venue.
On Tuesday, First Assistant District Attorney Nichole Smith called upon forensic pathologist Harry Kamerow to testify as to which of his autopsy photos would be relevant to his potential testimony.
Appearing via Zoom, Kamerow went over the five photos he selected, three of which depicted gunshot wounds to Smola's wrist and head. One of the photos was of Smola's wrist being held next to a ruler, which Kamerow said showed that Smola and his attacker were "some distance apart" during the incident as there was no soot on Smola's skin.
The photo also showed that Smola was "raising his hand to the level of his eyes" when the gun fired as a single bullet caused the wound to his wrist and head.
The two photos of Smola's head wounds demonstrated the bullet's trajectory through his skull and the damage caused. When asked by Consiglio if both things could be shown through one photo rather than showing the jury both, Kamerow said yes.
Following Kamerow's testimony, District Attorney Pete Weeks withdrew one photo deemed duplicative. Consiglio then gave the prosecution and defense attorney Mary Elizabeth Schaffer until Aug. 28 to file briefs in regards to the pre-trial motions.
Jenkins is scheduled for jury selection the morning of Oct. 26, with a five-day trial to commence that afternoon.
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. Jenkins had previously accused Smola of molesting him and his sister when they were children.
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.
Jenkins 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.
Mirror Staff Writer Rachel Foor-Musselman is at 814-946-7458.