MIFFLINTOWN - The defense attorneys representing a woman charged with homicide went on the offensive Wednesday, turning the magnifying glass on the alleged victim.
Brenda S. Smith is on trial for allegedly shooting her son-in-law Michael Hockenberry in the side of the head on Sept. 15, 2010 at his residence on Cedar Street in Mifflintown.
Don Zagurskie, one of the defense attorneys representing Smith said the death of Hockenberry was an "undisputable tragedy."
Zagurskie said that by all accounts Hockenberry was a "popular and outgoing person," but "unfortunately Michael had another side ... Michael's problem was he had an explosive temper."
Zagurskie also said the Pennsylvania State Police intentionally changed the format of Smith's alleged written statement after she wrote a narrative of the night's events in order to solicit the responses the police wanted to hear.
He went on to rehash the alleged confrontation between Hockenberry and Smith, in which the defendant claimed Hockenberry hit her with a TV tray during a heated argument over an issue involving her desire to help him and her daughter move into a new home.
Zagurskie said following the alleged assault, Smith focused her attention on the safety of her daughter and grandchildren, who were in a bedroom watching a movie.
Zagurskie told the jury Hockenberry was making sounds "like a mad man" and she was "terrified." He said Smith then got up from the floor after being knocked down and went to the bedroom, where she loaded her pistol, not knowing if Hockenberry had grabbed a weapon from the kitchen or was done assaulting her.
Zagurskie said she put a towel partially over the pistol and walked toward Hockenberry, her "hands shaking ... she closes her eyes then 'pop,'" she is "instantly shocked."
Zagurskie said Smith was not acting out of malicious intent, but "fear" and was "justified" in the use of deadly force, citing Pennsylvania's Castle Doctrine which states a person has no duty to retreat in a dwelling or their home.
Zagurskie said Smith then told her daughter Carolyn Hockenberry to gather the children and leave the house.
He said Smith tried to unload the gun and it went off again, at which point she joined her daughter and grandchildren in the van outside, where they went to the Lewistown state police barracks.
According to court documents, Smith reported she had been assaulted by Michael Hockenberry, but did not tell the police about the shooting. She was then transported to Lewistown Hospital for treatment. Later that evening Carolyn Hockenberry and Smith were informed at the hospital that Michael Hockenberry was dead. Police officers then requested Smith and Carolyn Hockenberry come to the barracks to see what, if, anything they knew about his death.
Police said that at the time, they had not ruled the death a homicide and lead investigator Blaine Henderson previously testified that based on the information he had at the time, prior to interviewing Smith, he was leaning toward suicide as the cause of death.
Zagurskie said that when Smith returned to the barracks and gave the written statement to police, it "was not voluntary" and was made under duress because the questioning lasted six hours. Smith allegedly gave a written statement to police in which she admits to shooting Michael Hockenberry in the side of the head. The Rev. Steven Monger testified he gave Carolyn Hockenberry a ride from the barracks in the early morning hours of Sept. 16, 2010 and that at the time the sun was rising.
Zagurskie also called a corrections officer to the stand who was on duty the night Smith was arrested and testified there was nothing unusual about the defendant when she was processed other than bruises on her arms and wrists.
Building on the notion that Michael Hockenberry was abusive, Zagurskie called his ex-wife Carrie Stimelying to the stand who testified she once got into a fight with him and, as a result, filed for divorce.
On cross examination, Juniata County District Attorney Cory Snook asked if there were any other incidents of abuse with Michael Hockenberry. She said there were not.
Stimelying said Michael Hockenberry was "sweet and loving, but insecure" and was not mean-spirited.
Zagurskie then called Smith's husband, Gary Smith who testified Michael Hockenberry and his daughter had financial issues, which lead to serious tension between the couple.
Gary Smith also testified about purchasing the pistol that was allegedly used to shoot Michael Hockenberry. He said when he purchased the gun, approximately two weeks before his wife went to visit their daughter, his intention was to keep the gun at his home for protection due to a rise in crime in the community. However, his wife chose to take the gun with her for the visit with their daughter.
Zagurskie also recalled Carolyn Hockenberry, who broke down on the stand several times during her testimony.
Carolyn Hockenberry testified that her marriage was a tumultuous one, filled with verbal and physical abuse by her husband.
Carolyn Hockenberry previously testified that she once went to the state police barracks to report an assault by her husband, but the officers "turned their backs" on her.
Snook brought forth police reports documenting that officers had responded to their Cedar Street residence to investigate a handful of incidents - including a burglary investigation in which Carolyn Hockenberry spoke to police - in an effort to refute her testimony that police deliberately ignored her.
During previous testimony during the trial, Henderson said he could find no record of Carolyn Hockenberry ever reporting abuse at the hands of her husband. Henderson testified that if an officer were to ignore someone who reported an assault, that person "wouldn't have a job anymore."
Zagurskie also called Bonny Pervis, who was formerly employed with the Salvation Army in Lewistown and allegedly had some tense moments with Michael Hockenberry. Pervis said Michael Hockenberry confronted her outside a restaurant and threatened her over the phone because he blamed her for he and his wife's brief separation that occurred in 2006.
Pervis testified that Michael Hockenberry assumed the Salvation Army had helped Carolyn Hockenberry financially in her effort to separate from her husband.
To add to Zagurskie's assertion that Michael Hockenberry had a problem in controlling his temper, he called a handful of former neighbors who testified they often heard arguments coming from the Hockenberrys' residence, but no one could confirm the identities of those they heard arguing.
The last to testify on Wednesday was Cindy Jo Willard who is close friends with Smith and was on a Salvation Army advisory board in New Mexico where the Smiths once lived.
Willard testified that Smith was a person of integrity and devoted to the Salvation Army.
Willard further stated that Smith and her husband were "natural-born leaders" in the Salvation Army.
Testimony is expected to resume Thursday morning with the defense calling the last of its witnesses. It remains unclear whether Smith will testify.
President Judge Kathy A. Morrow informed the jury on Wednesday that she expects the panel will have the case for deliberations today.
Pending further court action, Smith remains incarcerated at Mifflin County Correctional Facility.
