LANCASTER, Pa. — One of four suspects convicted of killing a Lancaster County man in 2016 had lost his appeal to the Superior Court of Pennsylvania, the Lancaster County District Attorney's Office said Tuesday.
Kristopher Smith's first-degree murder conviction for his part in the shooting death of Dennis Pitch was affirmed and his life sentence in prison was upheld by the Superior Court, which denied the claims he raised on appeal, prosecutors said.
Smith, 48, is one of three suspects convicted in Pitch's murder, which occurred on Dec. 2, 2016, at Pitch's Salisbury Township home.
Co-conspirators Michael Baker and Christopher Lyles were convicted of second-degree murder and related offenses.
A fourth suspect, Brandon Bills, pleaded guilty to two counts of burglary, two counts of robbery, and a count of criminal conspiracy to commit burglary and was sentenced to 10 years in prison.
Baker and Lyles, who prosecutors say were the triggermen in Pitch's murder, also received life sentences.
Smith was convicted in August 2022 and received a life sentence in prison plus 16 ½ to 40 years in December of that year.
The trial court denied Smith’s post-sentence motion on March 22, 2023, and his appeal, which followed on April 21, 2023, according to prosecutors.
Smith wanted a new trial, arguing in his appeal that the guilty verdict was against the weight of the evidence and insufficient as a matter of law, prosecutors said.
Smith contended the Commonwealth failed to present sufficient evidence that he branded the gun that killed Pitch or had the specific intent to kill Pitch contending he had, at most, the intent to rob the victim.
The Superior Court concluded, “the evidence is sufficient to establish (Smith) is criminally liable for first-degree murder under accomplice liability.”
“Simply put, contrary to (Smith’s) assertion, the Commonwealth was not required to prove (Smith) was the person who shot the victim,” noted in the Superior Court’s memo. “Rather, since (Smith) acted as an accomplice to Lyles and Baker, and the evidence demonstrates he had the same intent to kill as his accomplices, he is criminally responsible for the acts committed by one or both of them.”
The Superior Court continued by noting even if Smith and his accomplices didn’t have the specific intent to kill when they entered Pitch’s home, the Commonwealth sufficiently demonstrated that intent to kill was formed at some point during the home invasion.
Smith also contended his first-degree murder conviction was against the weight of evidence since Lyles and Baker were convicted of second-degree murder.
“Our Supreme Court has held that inconstant verdicts between co-conspirators is not a basis for a new trial,” the court’s memo read.
The jury determined Smith knew Baker and Lyles, who were both from Philadelphia and was the connecting piece in them traveling to Narvon to “hit a lick.”
Smith knew Pitch from both living in the Narvon area and found out Pitch was recently in possession of a large amount of cash.
On the night of Dec. 2, 2016, Baker, Lyles, and Smith entered Pitch’s Salisbury Township home while co-defendant Brandon Bills stayed in the car. The victim was fatally shot in the head and torso.
Upon returning to the vehicle, Smith told Bills, “It didn’t go as planned.”
Pitch’s family, friends, and coworkers became concerned when he didn’t show up for work and found him dead inside his home on Dec. 4, 2016.
Pennsylvania State Police Trooper Jonathan Potoka filed charges on April 23, 2018. Assistant District Attorney Mark Fetterman prosecuted the case and ADA Tiffanie Camarota assisted in the prosecution.
