Concord man accused of shooting father now facing harsher charge
Officials have upgraded the charges against a Concord man accused of shooting his father, believing now that he may have premeditated the attack.
Evan Smith, 29, was indicted this month by a Hillsborough County grand jury on one count of first-degree murder and one of second-degree murder. When he was arrested last October he was charged only with the lesser crime, which requires prosecutors to show he committed the act under a reckless mental state and with an extreme indifference to human life. First-degree murder, which Smith has now also been charged with, requires prosecutors to prove that he acted purposely.
Senior Assistant Attorney General Janice Rundles declined to comment specifically on the case but said that in general prosecutors will charge two levels of the same crime when they have two theories about a case.
Smith has been accused of shooting his father, Philip Smith, in the back of the head in Philip Smith’s Manchester apartment. While officials believe the shooting happened about 7:30 a.m., the police were not called until more than three hours later. Rundles has declined to say who made that call.
Smith, who according to court documents was living at the time in a 20 Bog Road apartment in Concord with his wife and daughter, wasn’t arrested until the day after the incident.
Officials have given no indication of what they believe motivated the attack.
An arraignment on the indictments has yet to be scheduled, according to Rundles.