Jury being selected for death penalty case in Fayetteville shooting

Marlon Smith.Murder-1st degree
Marlon Smith.Murder-1st degree

FAYETTEVILLE -- Jury selection began Monday morning in the capital murder trial of Marlon Terryonna Smith in Washington County Circuit Court.

The state is seeking the death penalty.

Police and prosecutors say Smith, 35, shot Scott Kendricks in the head without provocation at a party in south Fayetteville on April 8, 2019.

Police received a call at 10:27 p.m. of a shooting at 234 S. Willow Ave. where they found the 36-year-old Kendricks with a single gunshot would to the head, according to a police report. Kendricks was taken to a local hospital where he was pronounced dead.

Witnesses told police Smith shot Kendricks at a party in the yard next to the home on Willow Avenue, according to an arrest report. The witnesses said the men had fought before, but didn't fight that night. They told police the shooting happened fast and was unprovoked, according to the report.

Smith told officers he was at the party, he knew the dead man and Kendricks was alive when Smith left the gathering, according to the report. Smith wasn't at the house when police arrived.

One witness, Chris Blackburn, told police he saw Smith pull out a pistol and shoot Kendricks during the cookout. He said the two men weren't arguing right before the shooting.

Another witness, Casey Simon, told police Smith came to his house after the shooting and acted normal. Simon told police Smith returned the following day and told Simon he had put a bullet in Kendricks' head with no remorse.

Another witness, Nikita Blackburn, told police Kendricks and Smith had been in an altercation several months before the fatal shooting in which Kendricks had beat Smith with his fists and a baseball bat.

Matt Durrett, Washington County prosecuting attorney, is prosecuting the case. Smith is represented by David Hogue. Circuit Judge Mark Lindsay is hearing the case. About 70 potential jurors were expected to be interviewed Monday.


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