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Coroner shows skull to jury during trial
Published November 12, 2008
ANGLETON — A medical examiner placed a metal auto part into a murder victim’s skull Tuesday to show a jury how an object, shaped like the part, caused the man’s injuries and ultimately killed him.
Galveston County Medical Examiner Stephen Pustilnik brought George Smith’s skull to court Tuesday to demonstrate what type of object was used to kill the former Surfside Beach business owner.
Placing the piece of a leaf spring inside the skull, which was submitted as evidence, Pustilnik told the jury the weapon used to kill Smith had to have the shape of the auto part. Jurors leaned out of their chairs and looked intently as Pustilnik showed them how the part caused indentations to the bone.
“Here it fits perfectly,” Pustilnik said, sliding the piece of metal across the skull. “It fits the pattern fracture.”
A leaf spring is a long, flat piece of metal with curved ends, used in a vehicle’s suspension. The shape of one fit Smith’s injuries like a “key in a lock,” Pustilnik said.
Pustilnik testified Tuesday in the trial of Dylan James Laughrey, 25, an Iraq War veteran accused of being paid to kill Smith on Aug. 6, 2007.
Prosecutors believe the victim’s wife, Margaret Lorraine Smith, paid Laughrey to kill George Smith and leaving his body on the beach.
Margaret Smith awaits trial in February on a capital murder charge. Margaret Smith and Laughrey both face life in prison if convicted. Prosecutors are not seeking the death penalty.
Pustilnik told jurors he estimated someone hit George Smith in the face at least 10 times with a blunt metal object.
“The face bones have been fractured into more than 100 pieces,” he said.
The medical examiner told jurors he believed the victim died of blunt-force trauma to the head caused intentionally by another person.
Jurors were shown graphic pictures of George Smith’s injuries, including one image with all of the individual broken facial bones.
Pustilnik also told jurors that at the time of his death, George Smith had a blood-alcohol concentration of .11, which might have impaired him and prevented him from running away or defending himself.
On cross-examination by Laughrey’s attorney, Pustilnik said he could not say if the attack was caused by a left-handed person or a right-handed person. All of the facial injuries were concentrated to the right side of the victim’s face while the victim’s head was on the ground, he said.
Pustilnik also could not tell the jury where the person stood as they struck George Smith.
When defense attorneys asked him if the attack was in a rage, Pustilnik said he didn’t know.
“It could be rage,” he said. “It could be purposeful action.”
A former Brazoria County Sheriff’s Office crime scene investigator testified for several hours Tuesday about the evidence collected at the crime scene, several vehicles and an apartment prosecutors believe Laughrey visited after George Smith’s death.
Jeff Bevers testified several footprints led to the crime scene when investigators arrived. Footprints identified as Smith’s appear to have started from the passenger side of a vehicle, Bevers said.
“They are very sporadic,” he said of the footprints. “They led to his location.”
Bevers also testified investigators took several clothing items from an apartment prosecutors believe Laughrey visited after George Smith died. All of the items appeared to have blood on them and were submitted for DNA testing, he said. Results of those DNA tests were not discussed in court Tuesday.
Testimony is set to resume at 9 a.m. today in District Judge Pat Sebesta’s court at the Brazoria County Courthouse.
John Tompkins covers Brazoria County courts for The Facts. Contact him at (979) 237-0149.
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