TOPEKA, Kan. (WIBW) -- Witnesses saw a man and his 8-year-old son desperately running out of a southwest Topeka home, heard gunshots, then saw the man nosedive into the sidewalk, where he died.
On Tuesday, defendant Anthony N. Darcy, who is charged in the shooting death of Stephen Matthew Snyder, Shawnee County District Court jurors heard witness after witness testify about the shooting of Snyder as he and his son fled the home.
Darcy, 83,of Topeka, is charged with premeditated first-degree murder of Snyder; aggravated assault with a deadly weapon; and aggravated endangering of a child younger than 18, according to court records. The shooting occurred at the home Darcy was selling to Snyder at 3031 S.W. 33rd, which is at S.W. 33rd and Oakley.
Witnesses said the son of Snyder was running in front of Snyder as the two fled from the gunman.
Heather Wible, who lives in a house behind the Darcy home, was outside smoking a cigarette on May 1, 2017, when the Snyder pickup truck pulled into the Darcy driveway.
Wible saw Snyder and a little boy exit the pickup, and about one or two minutes later, "I heard raised voices, I heard shots," she said. She heard one shot followed by two more shots.
The boy was "frantic" when Wible saw the boy running from the house, Wible testified.
"'He's gonna shoot me!' "Wible said the boy was shouting. " 'He shot my dad! He shot my dad!' I heard a voice screaming in terror."
"Who shot the boy's father?" District Attorney Michael Kagay asked Wible.
"The homeowner," Wible said, indicating Darcy.
Wible walked to S.W. 33rd home, where she saw Snyder lying face down and hands at his sides.
"I saw three places where he had been shot," Wible said. "He wasn't breathing, there were no vitals," she said.
"Tony, what happened?" Wible heard a neighbor ask Darcy, who was standing half-in and half-out of his house, talking on the phone.
"I'm tired of people's (epithet)," Darcy said.
Jurors heard the recorded 911 call to police in which he said he shot someone and identified himself.
Wible walked from her house to where people were gathering after the shooting, including the Snyder's upset son. She sat on a driveway with the boy and asked him about super heroes he liked.
Jurors saw graphic police crime scene video that showed the body of Snyder lying on the driveway.
There were more witnesses to the shooting of Snyder.
Trevor Lavin testified he and a friend, Cody Moses, were driving past the S.W. 33rd Street home when he saw a little boy running from the S.W. 33rd Street house followed by Snyder and thought the dad was playing with the boy.
"I saw the older guy (Snyder) drop," said Lavin, who thought the father had tripped.
The father and son were about to the end of a sidewalk described as being 20 to 30 yards long when Lavin and Moses heard two or three pops and thought they were nail guns, Lavin said.
Moses said the father was face down, and the boy was crying in the front yard.
Michael Hall, a U.S. Postal Service letter carrier, was driving north on Oakley approaching 33rd returning to his office, when "there was a bang, a gunshot, and there were three more bangs."
Hall saw Snyder running in Hall's direction, then Snyder fell. The boy was screaming, Hall said.
Inside Darcy's S.W. 33rd home, police found .38-caliber Colt Cobra revolver lying on a counter top. The revolver, which has capacity of six bullets, had three live rounds and three spent shell casings, said Topeka police Officer Martin Brown, a crime scene officer.
Police handcuffed Darcy in the front yard of the S.W. 33rd Street house. A group of officers searched all levels of the house, according to police body cam video.
Earlier on Tuesday, 12 jurors and two alternate jurors were chosen by prosecution and defense attorneys.After almost one-and-a-half days of jury selection, the attorneys chose a jury of 10 men and four women to hear Darcy's case.
As attorneys chose the jury, Darcy sat in a wheel chair,usually leaning his head in his right hand.
Darcy is being tried before District Judge David Debenham.
It is expected that Darcy will contend he acted in self-defense when he fatally shot Snyder, Darcy's defense attorney said before the trial.
Snyder and an unidentified person had closed on the house on April 27, 2017, but Snyder had allowed Darcy to continue to live in the house for two weeks with a move-out date by May 10, 2017.
The buyers were to have access to the house as long as they contacted Darcy before coming over.
On the day of the shooting, Darcy called Snyder to say it was OK for Snyder to come to the house about 6 p.m. that day, according to earlier testimony.