A Bell County grand jury indicted Christopher Ray Smith, 26, who is accused of murdering Anthony Hemingway with a handgun in his Killeen apartment in the 1500 block of Windward Drive, on Aug. 20, 2007.
Police responded to a call from Hemingway's teenage son that shots were fired in their apartment at 6:30 a.m. Police found the back door kicked in and Smith lying in the hallway, according to the arrest affidavit.
First Assistant District Attorney Murff Bledsoe said Smith allegedly broke into Hemingway's apartment and robbed him at gunpoint.
Hemingway grabbed his own loaded gun during the robbery and fired at Smith in self-defense.
Smith allegedly fired back and killed Hemingway.
Smith sustained multiple bullet wounds from the exchanged gunfire, according to the affidavit.
Hemingway's body was found in the master bedroom with a gun underneath him, according to the affidavit. He died from five gunshot wounds to the chest.
Police found Hemingway's cell phone and wallet in Smith's pocket, according to the affidavit.
"It's not uncommon to have a murder charge upgraded during the course of the investigation," Bledsoe said. Source: Killeen Daily Herald
This upgraded indictment may give prosecutors more leverage in getting a plea bargain worked out.