Dec 19, 2016 3 min read

A Cecil Township man accused of shooting and killing a man he claimed forced his way into his home will stand trial on homicide and drug charges.

David William Murray, 53, of 108 Adams St., is accused of firing one gunshot into the chest of 52-year-old Nathaniel Gardner of Washington while he was inside his home on Nov. 25. Washington County Coroner Tim Warco testified Monday during Murray’s preliminary hearing that he ruled the manner of death as homicide. District Judge Traci McDonald ordered Murray held on charges of homicide, manufacturing a controlled substance and possession of marijuana and paraphernalia.

Township police Detective James Brose and Sgt. Guy Kuzak both testified Monday that Murray insisted on telling them that Gardner had broken into his home a week before, assaulted him and then stole an ounce of marijuana.

Brose said Murray told him that on Nov. 19, a man who he did not know but was later identified as Gardner, forced his way into his home and began punching him before reportedly taking the marijuana.

“The man told him that he’ll be back,” Brose said. “He (Murray) did not want to tell police because of the drugs in his trailer.”

Murray reportedly told Brose that he got a security system and a gun that same day because he was scared. Murray, who is on probation, was not permitted to carry a gun. Brose said he got the weapon, which was registered to Murray’s late mother, from his sister’s house.

“A week later, (Murray) was at home when he heard pounding on the door,” Brose said. “He believed the same thing was going to happen, so he went and retrieved the gun.”

Once Murray retrieved the gun, the door to his mobile home opened and Gardner came through the door, Brose testified.

“He shot him one time,” Brose said.

Under cross-examination by Public Defender Glenn Alterio, Brose said that Murray believed the man who entered his house that night was the same man who came into his house the previous week.

When Alterio questioned Brose as to the basis of charging his client with homicide, Assistant District Attorney Jason Walsh responded that it was clear that a weapon was used. Brose said he filed the homicide charge based on his investigation and that of state police along with interviews with witnesses.

Kuzak also testified Monday to the marijuana growing operation in Murray’s home. Kuzak said that when he stepped on the porch of Murray’s home on the night of the fatal shooting, he could smell a strong odor of marijuana. State police confiscated 16 marijuana plants as well as other items indicative of a grow operation.

Alterio did not contest the drug charges filed against his client, but argued that Murray should not be held on the homicide charge.

“Homicide is an intentional killing and not justified. He is entitled to defend himself in his home,” Alterio said.

Walsh countered that self-defense was an argument at trial. Last week, District Attorney Eugene Vittone said the Castle Doctrine, which allows someone to use deadly force to defend himself against an intruder, did not apply in this case.

“People engaged in illegal drug activity cannot invoke the Castle Doctrine as justification for use of deadly force,” Vittone stated. “Criminal activity on the premises is a specific exception to a homeowner’s ability to utilize the Castle Doctrine to justify the use of deadly force.”

Murray remains in Washington County Jail, where he is being held without bond.