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Prosecution Rests in ‘Samaritan’ Trial

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The prosecution rested its case Tuesday in the trial of Timothy Pemberton, the man accused of murdering “good Samaritan” Gary Smith last year in University City.

The defense phase of the trial begins this morning.

Pemberton is accused of shooting Smith, a carpet layer who came to the aid of a woman who was surprised by Pemberton as he attempted to burglarize her condominium.

Pemberton could be sentenced to life in prison without the possibility of parole if he is convicted on the murder charge, as well as additional counts of robbery, burglary, auto theft, drug possession and receiving stolen property.

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The final witness called by Deputy Dist. Atty. Lisa Chappell was a forensic pathologist from the coroner’s office, Mark Super, who said Smith was shot four times, once just under his right eye at an “intermediate” range.

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