Concord man arraigned in killing of father in Manchester
October 29. 2012 8:04PM
MANCHESTER - A 29-year-old man was arraigned Monday in Circuit Court-Manchester District Division for the fatal shooting of his father Friday at a Hevey Street residence.
Evan C. Smith, 29, of 20 Bog Road, Concord, is charged with felony second-degree murder, accused of shooting his father, Philip J. Smith, 61, in the back of the head.
Senior Assistant Attorney General Janice Rundles said Smith is charged with knowingly causing the death because the initial charge is one the office is sure the evidence supports.
'There is always a chance the charges may be upgraded,' Rundles said after the arraignment.
At the request of the Attorney General's Office, the police affidavit supporting the arrest of Smith has been sealed in Circuit Court.
Smith could enter no plea to the felony charge, so a probable cause hearing was set for Nov. 13. Bail on a murder charge cannot be set in Circuit Court, so Smith is being held without bail.
A judge will determine at the probable cause hearing Nov. 13 whether there is sufficient cause to send the case to the Hillsborough County Superior Court North for grand jury consideration. Smith could also waive a probable cause hearing and have the case bound over.
Rundles said no one else was in the apartment at the time of the shooting, but declined to say whether the gun used in the shooting had been recovered.
She would say only that police responded to a call about a gunshot on the second floor at 510 Hevey St. at about 11 a.m.
A third-floor resident said Friday that she did not hear a gunshot and first realized something was going on when she heard police pounding on the door of the elder Smith's second-floor apartment.
A probable cause hearing is scheduled Nov. 13