The Reporter covers Miller, Morgan and Camden County in Central Missouri's Lake of the Ozarks and is published once per week on Wednesdays.
Published June 17, 2015
Smith charged with murder
By Jeff Thompson
CAMDEN COUNTY - The arrest last week of a 52-year-old Camdenton man for the
alleged murder of a person officially missing since 2007, came after years of
on-and-off investigation into the case.
David W. Smith was arrested June 9 and charged with First Degree Murder and
Armed Criminal Action in the apparent shooting death of Shawn E. Spencer in
April of 2006.
The charges stem from a probable cause statement filed by Camden County
Sheriff’s Department (CCSD) Detective Stacy R. Eden on June 8.
According to the CCSD, deputies had responded to Smith’s residence on Silver
Mountain Drive on April 1, 2006 in response to a report of a shooting.
“The deputies were unable to locate the reporting party and after speaking to
Smith, who owned the residence and conducting a search of the property, they
cleared from the scene determining the call to be unfounded,” the CCSD stated.
Eden stated that Spencer had been reported missing on April 17, 2007 by his
mother, Pamela S. Gilbert, who had not heard from him since March of 2006 (and
that Spencer was possibly in the company of Jake L. East).
According to the CCSD, Gilbert explained that although Spencer had been missing
for about a year, it was not uncommon for him to go missing for extended periods
of time due to his transient lifestyle.
However, a break in the case came on June 23, 2001, according to Eden’s
statement.
Sgt. Chris Moehle - who was a CCSD detective at the time - spoke with Jake L.
East.
East stated that he and Spencer had gone to Smith’s residence to visit East’s
dog who had been staying there, adding that Smith had been in the backyard
target practicing.
While Spenser remained with Smith in the backyard. East went back to the vehicle
to visit with his dog.
“Jake L. East stated that after approximately five minutes, he heard a shot,”
Eden said in her statement. “He went back to see what happened and observed
Shawn E. Spencer and David W. Smith rolling around on the ground fighting over
control of the gun.
“Not knowing what to do, he went back to his car and drove away.”
It was at this time that East apparently called the CCSD and reported the
shooting: “He stated he saw blood but would not give further details,” according
to Eden’s statement. When he returned to Smith’s residence a few days later,
“David told him that ‘Shawn was in heaven’, and David W. Smith was mad at Jake
L. East because he did not help clean up after the incident,” Eden stated.
In June of 2011, detectives contacted an out-of-state witness who claimed to
have seen David W. Smith shoot Shawn Spencer to death on April 1st, 2006,
according to the CCSD.
In addition, Eden stated in her report that Jarrod Powell - who lived with the
Smiths at their residence for one to two years - said that Smith had told him he
had shot and killed Spencer, first shooting him in the left shoulder (aiming for
his heart) and a second shot that was aimed at Spencer‘s head.
Allegedly Powell also stated that Smith had his wife - Carolina Smith - go to
the MFA store to buy bags of lime.
“David W. Smith then cut up the remains, pulled all of Shawn Spencer’s teeth and
burned the cut up pieces,” Eden attributed to Powell in her statement.
Apparently Smith also told Powell that “he used his .38 Special that he keeps in
his computer bag and that the dental remains are somewhere on his property.”
Eden earlier noted that Smith owns 28.6 acres of land at the Silver Mountain
Drive location.
Detectives - apparently acting on Powell’s statement - applied for and received
a search warrant for the property on Silver Mountain Road in September of 2011.
“Despite the cooperation of several supporting agencies and the use of cadaver
dogs, detectives were unable to locate any remains at the property and Smith
denied any involvement in the disappearance of Shawn Spencer and again, without
additional evidence, the case went cold,” the CCSD stated.
However, both Eden and Moehle spoke to Smith’s wife - Carolina Smith - two weeks
ago on June 3, 2015 at the CCSD.
According to Eden’s statement, Carolina said she had been out to garage sales
with her three children on the day that Spencer had been killed by her husband.
She passed a CCSD vehicle on the way home and was stopped by a neighbor’s kid
who told her deputies had been to her house. When she arrived home she asked her
husband “what was going on.”
“He told her that Jake East and Shawn Spencer had been at the house to sell him
some marijuana and the deal turned bad,” Eden said in her statement. “He told
her that he shot and killed Shawn Spencer during a fight over David’s gun.”
“He told her that Jake left and Shawn Spencer ran after Jake’s car headed down
the hill and that is when he shot Shawn Spencer a second time, killing him.”
Eden’s statement also shows that Smith “had already taken a chain and his
vehicle and dragged the body up the hill into the woods,” according to Carolina.
After apparently spending the weekend at a friend’s house in Buffalo, Carolina
returned home when her husband told her to purchase bags of lime to cover the
smell of the body.
“She stated that at one point she went to a burn pile of trash, beside the house
and was going to burn it,” Eden said in her statement. “While standing there
with the fire, a bag let go and human hands, which Carolina presumed to belong
to Shawn Spencer, fell out of the bag.”
Her children asked about the hands and Carolina told them they were Halloween
decorations, according to Eden’s statement. In addition, Carolina stated the
lime eventually stopped working “and the smell got bad again” so her husband
allegedly went into the woods and set the remains on fire.
“She stated that she would never forget the smell that came down from the hill
that day,” Eden said in her statement.
Afterwards, detectives applied for and secured a warrant for Smith’s arrest,
according to the CCSD. Smith was arrested at his place of employment without
incident.
He was charged with a Class A Felony of Murder in the First Degree and a Class A
Felony of Armed Criminal Action and is currently being held without bond in the
Camden County Adult Detention Facility.
A motion hearing was scheduled for Wednesday, June 16, at 1 p.m. His attorney of
record is Christian Rasmussen.
Eden’s probable cause statement ended stating there has been no tax or credit
activity or any contact through any media with Spencer that would have indicated
he has been alive since April of 2006.
The statement added that his name and birth date had not been registered in the
United States as having a driver’s or non-driver’s license.
“He is still entered as a missing person of this state,” Eden concluded.
Smith’s wife has also had at least one run-in with the court system.
According to court records, Carolina had been convicted in March of 2013 of
Felony Possession of Any Methamphetamine Precursor Drug W/Intent To Manufacture
Amphetamine, Methamphetamine Or Any Of Their Analogs.
She had been given a suspended sentence and placed on supervised probation for
five years.
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