Concord man charged with murdering father waives arraignment
A Concord man accused of murdering his father last year waived his right to a formal arraignment yesterday at Hillsborough County Superior Court. Evan Smith, 29, was indicted last month after being charged Oct. 27, 2012, one day after his father Philip Smith was found dead in his Manchester apartment.
Evan Smith is now facing charges for both first-degree murder, which requires prosecutors to prove he acted purposefully, and second-degree murder, a lesser crime alleging he acted under a reckless mental state and with an extreme indifference to human life.
Senior Assistant Attorney General Janice Rundles said yesterday that the two charges account for “alternative theories” but declined to elaborate.
Evan Smith has been accused of shooting his father, Philip Smith, in the back of the head. While officials said 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.
Evan Smith, who according to court documents was living in an apartment on 20 Bog Road in Concord at the time 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.