Held up at gunpoint by a pair of would-be robbers, a manager of a Manheim Borough business was "entirely justified" when he pulled out his own gun and killed one of the intruders, Lancaster County's district attorney said Wednesday.
Lancaster County District Attorney Craig Stedman, seated at left, and Manheim police Chief Barry Weidm
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Manheim Borough police Chief Barry Weidman recites the events that led to 19-year-old Kevin Smith's de
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Lancaster County District Attorney Craig Stedman discusses the Manheim shooting.
Kevin Lee Smith, the 19-year-old killed during the botched robbery, presented an "imminent threat" to the manager's life when he and an unknown accomplice confronted the manager Tuesday morning, District Attorney Craig Stedman said.
The men barked orders at the manager, warning him he would be shot if he didn't follow their every demand, Stedman said.
Inside an office of Power Pro Battery at 210 S. Penn St., the manager drew his gun and squeezed off two shots at the intruders, according to investigators.
"The manager faced fear he was going to lose his life," Stedman said. "In order to survive, he needed to take the action he did."
Stedman said the manager was "well within his rights" to shoot at the men and faces no charges for what the DA called a "justifiable homicide."
A surveillance tape that captured much of the incident "entirely corroborated" what the manager told police, Stedman said. (The Intelligencer Journal is not identifying the manager because the second robber is still at large.)
Smith collapsed a block and a half from the business, while the second suspect kept running, investigators said.
Smith died soon after arriving at Lancaster General Hospital.
The accomplice is about the same age as Smith, police said. He is between 5 feet 8 inches and 5 feet 10 inches tall and of medium to slightly stocky build, Manheim Borough police Chief Barry Weidman said.
Stedman repeatedly stated that someone knows who the accomplice is but hasn't come forward with information.
"Someone knows who the friends of Kevin are and who has not been seen" since the attempted robbery, Stedman said.
"I guarantee there are people in the community who know who that is."
Family members and friends said Smith was known to be a "follower." He had self-esteem issues and had just been released from Lancaster County Prison in late June, a friend and former neighbor said.
"He was a young man with many issues," Weidman said. "He had some issues (his) family dealt with in his early years."
Investigators said Smith was the gunman during the attempted robbery. They initially referred to the weapon he used — recovered near the business — as a TEC-9. Local gun enthusiasts say the weapon was actually an AB-10, made by the same company that produced the TEC-9.
Weidman and Stedman explained the Tuesday morning incident this way:
The manager arrived at the business about 5:30 a.m. and was approached from behind by two men wearing bandannas over their faces and baseball caps. The men ordered the manager inside, and the manager led them down a short hallway to the office.
The would-be robbers "gave certain commands and threatened to kill him if he didn't comply with them," Weidman said.
All the while, Smith was jabbing the loaded gun into the manager's back.
"He had the gun directly on his back. The finger of Mr. Smith was on the trigger," Stedman said.
Investigators later determined a bullet was jammed in the chamber of Smith's gun. Stedman said that happened when someone pulled the trigger or when a round was racked from the clip into the chamber. The district attorney said it was unknown if Smith tried to shoot the manager or if the gun malfunctioned before the attempted robbery.
Inside the office, the men continued to threaten the manager. At that time, the manager pulled a legally-owned gun from his pants pocket and fired two shots. Both struck Smith — one hit his chest, the other his right arm.
Both suspects fled the business. Smith tried to seek help at a home on West Stiegel Street before collapsing on the road.
An ambulance rushed him to Lancaster General.
"He died in the operating room" and was pronounced dead by a surgeon, Lancaster County Coroner Dr. Stephen Diamantoni said Wednesday night.
The coroner said an autopsy was performed Tuesday afternoon. It determined Smith died of a gunshot wound to the right side of his chest. The bullet pierced a lung and damaged blood vessels, Diamantoni said.
Smith was born a "crack baby" — defined as an infant born to a mother who used crack cocaine during pregnancy — and never knew his biological parents, investigators said. He was adopted by Jack and Jacqueline Smith of Reinholds but recently lived in Lancaster city.
A woman who lived next to Smith on Poplar Street said the young man was troubled but was friendly with residents of the block.
"The block loved him. We used to put good things in his head," the neighbor said, asking not to be identified. "We always told him, 'You should do this; you shouldn't do that.'"
Smith, who was Muslim, "disappeared" after being released from prison last month, the neighbor said.
Before his disappearance, Smith told the woman, "I'm staying out of trouble."
Smith's parents said Wednesday in a published report that their son was in the wrong but likely followed the direction of his accomplice.
"He was wrong for doing it," Jacqueline Smith said. "But he would do anything that he thought would allow him to make a friend."
The Smiths said Kevin was in several foster homes and was diagnosed with multiple mental disorders as a juvenile, according to the report.
Kevin Smith had a criminal record that included multiple prison terms, according to investigators and court documents. He pleaded guilty to theft and criminal conspiracy in 2006 and drug possession in 2007, those records show.
Anyone with information about the accomplice is asked to contact Manheim police at 665-2481. Tipsters also may provide information anonymously to Lancaster City-County CrimeStoppers at (800) 322-1913.
E-mail: bhambright@lnpnews.com
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