Smith verdict: Guilty

On the surveillance video, two men and a woman are seen arguing inside the Sundance Travel Center. There's pushing, shoving and slapping, tempers are boiling and the woman falls down several times before one of the men throws the other to the ground in a type of chokehold.

The second man never stands up again.

Both the defense and prosecution agreed that the trial of the State of Wyoming vs. Marty Smith last week was highly unusual because the 12 men and women of the jury were able to watch for themselves exactly what happened when local man Doug Haar died in the early hours of August 1, 2018.

The video, as both sides noted several times, spoke for itself. Smith was ultimately found guilty as an accessory to involuntary manslaughter and to aggravated assault and battery.

Jessie Johnson, the man accused of committing the crime to which Smith was an accessory, has yet to be tried and is set for a pre-trial conference in March.

Moment of Death

Linda Black, Deputy County Attorney, led the prosecution, telling the jury she would be presenting evidence to support what could be seen in the video footage.

"You're going to get to see what happened with your own eyes," she told the jury, describing an "altercation" at the Sundance Travel Center involving three individuals: Smith, Johnson and Haar.

"This altercation resulted in the death of Doug Haar."

Black described the defendant's actions that night, telling the jury Smith was "pushing and shoving and slapping" Haar. He reacted by pushing her away, Black said, and then, when Smith fell to the ground, attempted to help her back up. At that point, said Black, she began to attack him again while Johnson watched from across the store, "nonchalantly" drinking a milkshake.

Johnson then shoved Haar and the two "squared up", she said. After Haar unsuccessfully attempted to throw a punch and Smith again fell, Johnson took Haar to the floor and both parties held him down.

Johnson held Haar in a chokehold, said Black. On two occasions, Haar can be seen pointing to his throat to signal his inability to breathe, but Smith takes his hand and holds it down.

In the video, said Black, it is possible to see the moment when Haar's abdomen stops moving as he ceases to breathe. He was held down for several minutes.

Differing Perspective

Steven Titus, defense attorney, told the jury he would be putting that footage into perspective. He described an evening that started out for his client like any other; she began her shift at the Turf Lounge; Haar, her "best friend of three years", came to visit; and the two began "chit-chatting".

During the evening, Titus told the jury that Haar left to eat dinner. He returned to pick up Smith after her shift at around 11 p.m. and take her to the Dime Horseshoe Bar, where they met Johnson and consumed a number of alcoholic drinks.

When the three headed to the Sundance Travel Center for snacks, Titus said, Haar's "feelings of angst" about Smith's relationship with Johnson came to fruition. Haar had "deep feelings" for Smith that were not reciprocated, he said.

When, in the video, Haar "slammed [Smith] down", Titus said Johnson's actions were an intervention. Titus claimed Smith attempted to deescalate the situation and ended up underneath both, trapped by 400 lbs of body weight while "begging" Johnson to let Haar go.

"This happened because Mr. Haar was jealous of Mr. Johnson," he said, claiming Smith acted in self defense as "any reasonable person" would.

First on Scene

Special Agent Chris McDonald, Division of Criminal Investigation, was the first witness called for the prosecution. The video surveillance, he said, was consistent with the witness accounts and crime scene.

"They all corroborated each other," McDonald said.

During cross-examination, Titus pointed out there is no audio on the video, so we do not know what was going on in Smith's mind. Of course not, said McDonald: "I couldn't know what she was thinking."

DCI Agent Jason Ruby took the stand to explain his role in documenting the crime scene. One photograph taken by Ruby was of a cell phone identified as belonging to Johnson, on which 911 had been entered but "did not appear to have been dialed".

On the video footage, Ruby said, Johnson can be seen removing his phone from his pocket and appears to dial 911, but "that call did not appear to be completed". Ruby also testified that he was able to see in the footage that Smith held Haar's hand down after he attempted to point to his throat area.

The Hours Before

During testimony from DCI Agent Danny Preston, the jury watched a video recording of the first interview conducted with Smith. In that interview, said Preston, Smith claimed she could not remember details of the night and was inconsistent about where she had been and when.

During the interview, Smith described the events leading up to the altercation. At the time Smith and Haar left the Turf, she stated that Haar had already consumed a number of alcoholic drinks.

At the Dime, Smith said Haar had "a lot more" drinks. "He was drinking a lot faster than I was," she said.

All three left the bar at around 1:45 a.m. and went for "late night snacks and munchies", she said.

Regarding the relationship between herself and Haar, Smith said in her first interview that she "only wanted to be friends" and Haar was "jealous of Jessie" and "wouldn't let it go".

During that interview, Smith denied remembering anything after the trio headed to the truck stop, blaming her memory loss on alcohol consumption. She said she did not remember what caused the argument at the Sundance Travel Center but assumed it was due to Haar's jealousy.

The jury also heard an audio recording of the second interview conducted with Smith, which occurred after Johnson had been interviewed, and during which she again stated, "I don't remember anything".

Smith claimed she did not remember calling dispatch to perform a check on her kids; whether she had sex with Johnson after they left the Sundance Travel Center and drove to Spearfish; or telling Johnson they should leave the truck stop.

"It's like snapshots – pictures," she said. "My blackout point was in the bar."

When the agents suggested this was a little convenient, Smith became indignant and proclaimed Haar was her best friend. "I wish I could remember because I would tell you every fricking thing," she said.

Smith stated that she always has a blackout point when she drinks. When one of the interviewers pointed out, "You are responsible for what you've done while drinking," she said, "I understand that".

Smith also revealed that she takes Vicodin daily, every four to six hours as needed, and had taken eight that day. She told interviewers that she was dating neither Haar nor Johnson at the time.

Interviewers further commented during the interview that, when blood alcohol testing was performed, Smith returned a result of 0.05 and Johnson a negligible 0.002. Agent Preston also clarified that, while DCI did receive information that Haar could become violent or angry when drunk, this information had come solely from Smith, who also stated he had never laid a hand on her.

911 Call

The Crook County dispatcher who received the initial call for assistance from the Sundance Travel Center employee and a second at 2:41 a.m. was called to the stand and the recording was played for the jury. A voice believed to be Johnson's reports an "aggravated assault, I'm not sure" and asks for law enforcement to check on Smith's house.

When the dispatcher asks the pair to come back to town, a voice believed to be Smith can be heard shouting "no" and cursing in the background, at one point saying it would not be "safe" to return. When asked to give her name, she shouts "go to hell" and refuses to explain why her kids might be in trouble.

Agent Ruby returned to the stand to testify that DCI obtained Smith's cell phone and extracted information from it pursuant to a search warrant. Dispatch records show the 2:41 a.m. call was placed to 911 from her phone, said Ruby, but it was not listed in her call log; he stated he was "not aware" of any other reason for this than that Smith had deleted it from the log.

Autopsy Information

Forensic pathologist Dr. Thomas Bennett stated his findings that the cause of death was "traumatic asphyxiation" and described the indicators found during the autopsy. He told the jury that Haar had a blood alcohol level of 0.2 and was "drunk and getting drunker" at the time of his death, which was a contributing factor in his death as he was unable to defend himself.

Bennett stated his belief that he can determine from the video footage when Haar lost consciousness as his arm goes limp and he ceases moving on his own. When asked if he could have survived after this point had Johnson and Smith let him go, he responded, "Most probably".

During cross-examination, Bennett disagreed that Haar may have lost consciousness simply as a result of alcohol.

The Defense

Before the defense presented its case, a motion was made for acquittal on the basis that the state had not met its burden of proof in showing Johnson acted purposely and maliciously. The motion was denied as Judge Thomas Rumpke determined sufficient evidence had been presented.

Titus called to the stand the Sundance Travel Center employee who was on duty during the altercation and alerted police. The employee described the incident from his perspective, suggesting the argument had begun because Haar bought two expensive drinks for Johnson before finding out he may have been romantically involved with Smith. "I guess he disrespected Doug," he said.

The employee also stated that Smith did not ask him to call the cops and said he did not get involved in the altercation for reasons of liability. When cross-examined by Black, he said he asked all three to leave the store, rather than just Haar as suggested by the defense in opening statements; that he did not have a good view of the position each party was in; and that he felt Smith was antagonizing the situation.

The employee was called back to the stand to listen to an audio recording of his interview with DCI on the night of Haar's death, which Titus said differed from his recollection on the stand. Though he agreed the interview was likely a better reflection of events, he continued to deny hearing Haar make any threats of harm and, when asked about the differences between the two versions, said, "I'm not sure".

Smith's 17-year-old son told the jury he had received a call from his mother after she left the truck stop to drive to Spearfish. "She was kind of hysterical and crying," he said, telling the jury he had never received a call from her like that before. In cross-examination, Black ascertained that Haar had never before threatened Smith's children.

Smith Speaks

Smith herself took the stand and, through near-continuous tears, provided her version of events from the night Haar died. She began by explaining she had been romantically involved with Haar until May, 2018, when he cheated on her, and that he was a "father figure" to her kids.

At the Dime, Smith said, the two men appeared to get along but "they seemed a little irritated".

"Doug seemed jealous of Jessie, but I told him there was no reason to be," she said.

Smith claimed that Haar had not been invited to ride to the truck stop and would usually walk home from the bar. She also told the jury that her recollection of the night has refreshed since the interviews, which she said is typical for her with drink-related blackouts.

Smith said she can now recall arguing with Haar at the truck stop and telling him repeatedly to leave and explained she was petting Johnson's head while he had Haar in a chokehold because she was attempting to calm him down.

Smith claimed she did ask the employee to call the cops, but stated she still has no memories of driving to Spearfish and does not know why the pair returned to Sundance.

"Would you ever hurt Doug?" asked Titus. "No," she replied.

During cross-examination, Black asked if Smith's recollection came from reviewing the video. Smith agreed and said it also came from having time to think. "Each memory slowly comes back," she said.

Black questioned Smith's statement that her memory loss is caused by a brain injury she suffered a few years ago, reminding her that she blamed alcohol during her interviews. It's both, Smith said.

Black also pointed out that, in Smith's interview, she said she was no longer dating Haar because she was not in love with him and did not mention he had cheated. After Smith reiterated Haar was a father figure to her kids, Black asked if he had ever hurt her or them before; "Not that I reported," she said.

Smith having alluded to the idea of being scared of Haar on the night of his death, Black asked at what point exactly she became frightened. Smith said the moment she experienced fear was when she was on the ground under the two men, claiming adrenaline had delayed her fear before that time.

Closing Thoughts

In her closing statement, Black pointed out inconsistencies in Smith's account of the night, such as her claims she was scared of Haar when she had told interviewers Haar had never before touched her. The moment at which Smith claims her memory blacked out changed between the interviews and her testimony, Black said, and the 911 call is notable as Smith said it was not safe to return to Sundance.

"It's not safe to be in the company of law enforcement officers? Why is that?" Black asked.

Did Johnson act in self-defense? Black reminded the jury that Smith can be seen on the video slapping, punching and pushing Haar while Johnson sips a milkshake. Johnson's sudden attack on Haar was not self-defense, she said, because, "Is that what a reasonable person would perceive as harm?"

Further, said Black, once Haar was down on the ground, "He [could] no longer defend himself," but Johnson continued to hold him. Black replayed part of the video to remind the jury that Johnson continued to hold him for a further six minutes after he lost consciousness; that, said Black, was six minutes of Haar "not moving, not fighting, not being threatening in any shape or form."

Titus presented a closing argument that aimed to cast doubt on various testimony and evidence given during the trial. He noted, for example, that DCI never placed Haar's body back in its original position to recreate the scene and that Dr. Bennett had performed the autopsy after viewing the video.

"The only thing the state has given you is doubt, doubt and more doubt," he said.

In her rebuttal, Black reminded the jury that the state did not have to prove Johnson intended to kill Haar, but that he purposely and maliciously acted and those actions caused Haar's death.

Was it intentional? "Absolutely, we have the video," she said.

Was it malicious? "Oh yeah. He continued to choke Doug Haar with the aid of the defendant for six minutes," she said. At some point in there he was dead, she added, and could not have been a threat.

The Verdict

After several hours of deliberation, the jury returned a verdict of guilty for one count of accessory to involuntary manslaughter and one count of accessory to aggravated assault and battery. The jury found Smith not guilty of accessory to murder in the second degree or accessory to voluntary manslaughter.

Smith was taken immediately to jail and will be held without bond pending sentencing. Judge Rumpke determined that, as an admitted alcoholic, the verdict brings risk of relapse and makes Smith a potential danger to the community.

Sentencing will take place in 60 to 90 days, after a pre-sentence investigation is complete.