CLEARFIELD – After deliberating almost two hours, a jury found a DuBois man guilty of robbery, assault and more on Wednesday.
Richard William Smeal, 60, was convicted of robbery – a felony of the second degree and robbery – a felony of the third degree along with misdemeanor counts of theft by unlawful taking, receiving stolen property, terroristic threats, and two counts of simple assault.
However, he was acquitted of the most serious charge, robbery with fear of immediate serious bodily injury – a felony of the first degree as well as misdemeanor simple assault – attempt to cause serious bodily injury.
In an interview after the verdict was read, District Attorney Ryan Sayers stated that Smeal could serve up to 15 years in state prison. Smeal is scheduled for sentencing on Sept. 15, according to online court documents.
Sayers thanked the jury who “took their time to come to their conclusions.” He noted that a question asked during their deliberation was very consistent with the verdict.
Testimony in the trial revealed that the robbery occurred in the early morning hours of June 11, 2024 at the DuBois Burger King parking lot. As the victim was being assaulted, she screamed which brought two different cars of people to help her. The assailant ran away.
One of the vehicles drove around, spotted the suspect’s vehicle, and followed it until it entered a hotel parking lot. The two women inside the vehicle called 911 and were advised not to approach the possible get away car. They waited until police were on the scene.
Several police cars searched the area with one of them getting close enough to get the car’s license plate number which led to Smeal.
Sayers commended the women saying without their involvement, finding the robber would have been much more difficult.
“This trial highlights how important it is for people to be cognizant of their surroundings. If they didn’t follow that car, the police might not have been able to find it.”
In his closing arguments, Joseph Ryan, attorney for Smeal, claimed the robbery was a conspiracy between the victim who was the closing manager of the restaurant, John Lentz, a former employee and Smeal. The date was picked because the night deposit she had would be the highest amount of money.
Ryan stated that she waited in her car for Smeal until another employee walked out of earshot. She changed her mind, he said, leading to the scuffle for her purse which held the deposit.
Ryan questioned her injuries because she had testified that she was hit 30 times in the face and up to 15 times with the butt of a gun.
Photos presented to the jury showed multiple bruises on her face and legs.
“What sort of injuries would you expect to see” if he hit her like that, he asked.
He also questioned the “shear coincidence” that one of the vehicles that arrived to help contained her best friend.
Ryan pointed to Lentz, who is also charged in this case, as the “mastermind of this.”
Sayers, in his closing arguments, recapped the previous testimony that the victim had just closed the restaurant when she walked to her car with the deposit in her purse. She was not able to get completely in her car before a masked man put “a gun in her face.”
After he demanded money, she refused to give him her purse and the two struggled with it in the parking lot. At one point, she was able to pull his mask down and see his face. (During her testimony she identified Smeal as the assailant.)
Sayers dismissed the idea of a conspiracy involving the victim, only 25-years-old at the time, who was very emotional as she testified on Tuesday. He admitted she may have over estimated how many times she was hit, but the photos clearly proved she was injured.
A medical professional testified that the victim was bruised but she did not have a concussion. (As the two fought, she realized the gun was not a real one because it wasn’t heavy when it hit her.)
Sayers explained that Smeal’s co-defendant, who is also charged in this case, was offered a plea deal to testify, but clarified that Lentz was told “he was required to tell the truth.”
Lentz testified on Tuesday, that he had previously worked at Burger King and came up with a plan to rob the business. He admitted he dropped Smeal off, waited to pick him up later, and drove away as they eluded police that night. He said the victim was not involved.
Smeal, himself testified on Tuesday, Sayers noted and included “some truths with a number of lies”.
“If she was involved, why did he have a weapon?” he asked.
Sayers reminded the jury how upset the victim was during her appearance in court and at the scene that night. Her screams were heard by people in two different passing vehicles.
A 911 call by the victim’s friend was played during which the victim could be heard in the background, crying, he noted. Her friend had testified that the victim was inconsolable at the scene.
The victim’s testimony included the fact that she no longer works at the business because the management was going to demote her due to her refusing to work the closing shift again.
For a recap of the first day of the trial, click here.
