Bounty hunter's fatal act weighed by judge
Wednesday, November 30, 2005
By Jim McKinnon, Pittsburgh Post-Gazette
A nonjury trial began yesterday for a fugitive recovery agent charged with homicide in the shotgun shooting death last year of a bail jumper he was trying to apprehend.
A key question to be answered at the trial is what authority, if any, the bounty hunter, Mark Smith, 38, had to use deadly force.
Mr. Smith, a fugitive recovery agent for Liberty Bail Bonds Inc., Downtown, and his partner, Anthony McKay, had been tracking their suspect, Michael P. Robinson, 38, for several days. They found him Dec. 23, 2004, hiding behind a couch in the 600 block of Rising Main Avenue, a North Side residence that had no lighting or heat.
Mr. Smith has told investigators that, in the darkened living room, he believed that Mr. Robinson, a convict with a history of violent behavior, wielded a weapon to prevent his arrest.
George W. Lee, president of Liberty Bail Bonds, testified yesterday that, under Pennsylvania's criminal procedure rules, a bond recovery agent with a proper court order or warrant has the right to use any force necessary to arrest a fugitive.
Under questioning by Common Pleas Judge Jeffrey A. Manning, Mr. Lee said the National Institute of Bail Enforcement recommends that agents be armed with shotguns.
"When you're dealing with people like Mr. Robinson, they don't want to be caught," Mr. Lee testified. "Sometimes these people can be dangerous."
Mr. Robinson, according to Mr. Smith's defense attorney, Michael DeRiso, was a habitual criminal with at least 12 felony convictions, including a number that included violent crimes.
He was convicted in 1989 of raping another male inmate with whom he had been in prison.
Mr. Robinson had been free on $20,000 bond last December while awaiting prosecution on drug and stolen property charges. When he failed to appear in Butler County court for jury selection, an arrest warrant was issued.
His former employer was notified that he would have to pay the $20,000 bond forfeiture for Mr. Robinson's failure to appear in court.
Mr. Smith reported that he found Mr. Robinson hiding behind a chair in the darkened room, refusing to surrender. The agent said that Mr. Robinson swiped at the agent's leg with a shiny silver object.
Mr. Robinson then lunged at the agent, causing Mr. Smith to take a step back and fire, police said. The slug hit Mr. Robinson in the hip and severed an artery.
Though Mr. Smith's weapon was found to be loaded with three rubber pellets, the slug that killed Mr. Robinson was made of lead.
A day after the shooting, homicide detectives searched the residence and found a nail clipper they said may have been wielded by Mr. Robinson.
Testimony will resume today.
Mr. Smith remains free on $25,000 bond.
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(Jim McKinnon can be reached at
jmckinnon@post-gazette.com or 412-263-1939.)