A man who objected to the sexual orientation of a guest in his family’s home shot his stepfather to death after an argument over the matter turned physical, prosecutors said during a hearing this week.
Christian A. Smith, 23, is charged with first-degree murder in the Oct. 9 killing of Dennis McKenzie, 43, in Woolwich Township, N.J.
Smith was staying temporarily with his mother and stepfather in their Gloucester County home, where a celebration was taking place on the day of the shooting.
A relative of Smith brought a friend to the house, prompting Smith to object over the friend’s sexual orientation, according to assistant prosecutor Dana Anton.
“He made it known to his stepfather that he did not approve of that person coming into their house … that their house was a house of God,” Anton said.
Smith’s remarks included an anti-gay slur, the prosecutor noted.
McKenzie and Smith argued.
“The stepfather took a swing at Mr. Smith and, I believe, maybe superficially hit him,” Anton said, adding that Smith was not injured. “In response to that, Mr. Smith took out a Glock 19 that was in his waistband and shot him three times.”
McKenzie was struck twice, in the head and body, and died at the scene. Smith’s mother and a teen sibling witnessed the shooting, the prosecutor noted.
“This argument that proceeded the murder, it started over an act of bias and an act of bias intimidation where he is using a slur about somebody’s sexual orientation,” Anton said.
Smith’s public defender, Katherine Constantine Blinn, challenged probable cause for the murder charge, arguing that her client maintained the shooting was accidental and that forensic evidence was needed to clarify what happened.
“Exactly how this occurred and the specific manner of death needs to be fleshed out a little bit more with the forensics,” she said.
She also characterized the shooting as a spontaneous incident and not something Smith had planned.
Blinn noted that her client remained at the shooting scene and dismantled the gun, placing it on the dining room table.
“What that suggests to me, judge, is that this was accidental and that in order to prevent any further issues Mr. Smith disassembled the gun until police arrived.”
Anton disputed the suggestion that the shooting was an accident.
Smith’s mother tried to intervene in the dispute and told investigators that she stood between the men as the argument turned violent.
“He took the gun out from behind him, reached over her and fired three times,” Anton said. “You can’t accidentally shoot somebody three times.”
Smith declined to speak to police initially and only hours after he was in custody claimed the shooting was accidental, Anton said.
Superior Court Judge Mary Beth Kramer found probable cause for the murder charge and for a second-degree charge of possession of a weapon for an unlawful purpose. She did not find probable cause for a third charge of unlawful possession of a weapon, since authorities have determined Smith legally purchased the gun in Pennsylvania and was permitted to possess it in the home.
Smith is scheduled to return to court Dec. 2 for a pre-indictment hearing.
