Live updates of trial for Derrick Smith in Prior Lake murder

Prior Lake American

Editor's note: The Prior Lake American is bringing you live coverage of the Derrick Smith bench trial in Scott County District Court. Smith is one of four people charged in connection to the murder of 42-year-old James Herron, a member of the Shakopee Mdewakanton Sioux Community. Reporters are in the courtroom all this week for the trial, which is expected to last through Thursday, April 26. Visit plamerican.com for previous coverage of the case. Contact Editor Rachel Minske at 952-345-6376 or rminske@swpub.com with questions.

Day 8: Thursday, April 26

11:50 a.m.

The state must submit its closing arguments by May 18, and the defense has until June 8 to respond. Any rebuttal from the state is due June 22.

No sentencing date is set yet.

Court is now in recess.

11:40 a.m.

Court has reconvened. Smith has chosen not to testify.

The defense rests its case.

Wilton is discussing the timing of closing arguments with the attorneys.

11:10 a.m.

Judge Christian Wilton reviews Derrick Smith's Fifth Amendment rights in regards to potential testimony. Smith is taking time to consult with his attorney. Court takes another recess.

10:59 a.m.

Tyrel Patterson chooses to invoke his right to the Fifth Amendment.

10:55 a.m.

Court has reconvened.

10:40 a.m.

The state rests its case. Court takes another recess.

10:30 a.m.

Court has reconvened.

9:40 a.m.

Court takes a recess.

9:13 a.m.

The state calls Minneapolis Police Sgt. James Jensen to the stand. Jensen is a homicide investigator and was assigned the 2016 murder case in which Derrick Smith was convicted of first-degree murder.

9:10 a.m.

Court is back in session.

Day 7: Wednesday, April 25

4:10 p.m.

Court adjourns for the day.

3:48 p.m.

Prior Lake Detective Josh Rozga was not on duty the night of Nov. 22, 2016, but received a call from a sergeant and went toward Herron's home.

He took statements from those at the home. Marcus Hemsworth said a watch, bracelet, a Patriots bracelet, wallet, cash and a gun were taken from him. The watch and bracelet were found on Patterson.

A pink 9mm pistol was found on Smith.

Mitchell Rodysill's wallet was found in the backseat of the Buick, the getaway car, along with his DNR licenses and driver's license.

At Herron's home, there were signs of forced entry.

The upper-level back patio door had been forced off the track by Smith, according to statements from Jaques and Patterson.

Rozga spoke with Robinson and Jaques who said Smith was not forced to participate in the incident.

"They described Smith as being the most aggressive," Rozga said. And Patterson and Jaques also told the detective that Smith was pushing them to get their masks on and get in Herron's home.

In the basement bedroom, police found it had been ransacked.

"There were things strewn across the floor and packages of marijuana and condom wrappers," Rozga said.

After the murder, Jaques drove the Buick, with Robinson in the front passenger and Smith in the back seat.

They then were pursued and all three fled the vehicle. Smith was the only defendant who shot at the police officers.

After Smith's arrest, Rozga said condom wrappers, Herron's wallet and packages of marijuana were found on his person. A pink 9mm gun was also found on Smith.

3:40 p.m.

Court takes a recess.

2:25 p.m.

McKenzie Anderson, a forensic scientist with the Minnesota Bureau of Criminal Apprehension testified Wednesday afternoon. She tested for DNA samples from materials found in Herron's home and the defendants' vehicle.

On a pair of jeans Tyrel Patterson wore, Anderson found the presence of blood in the upper left thigh area, believed to be Herron's. A knife from the patio door molding showed a mixture of DNA, which did not exclude Smith.

Defense attorney Frederick Goetz asked Anderson about transferring DNA, using his pen and her water cup as an example, and noted his DNA could get on the cup without her touching it. Then Goetz asked if Smith's DNA could get on the knife, without him touching it.

"It is possible," Anderson said. "But the further you get down with transfers, the less possible — but it's still possible."

A pink face mask revealed a mix of DNA.

"The samples resulted in a mix of DNA from three individuals," Anderson said. "There was a strong female profile for Brandy Jacques."

A skull mask from the rear passenger side door — which had a mix of DNA from at least three people — had a strong profile that matched Smith.

2:00 p.m.

Court is in recess.

1:05 p.m.

Minnesota Bureau of Criminal Apprehension forensic scientist McKenzie Anderson was called to the stand Wednesday afternoon. Anderson tested for DNA samples in Herron's home and the suspects' vehicle.

Anderson said she found blood that was assumed to be Herron's on the upper left thigh area of Patterson's jeans. A knife recovered from the patio door molding showed a mixture of DNA that did not exclude Smith.

Goetz asked Anderson about the possibility of transferring DNA from someone else without touching it.

"It is possible, but the further you get down with transfers, the less possible — but it's still possible," Anderson said.

A pink face mask revealed a mix of DNA with a strong female profile for Jacques. A skull mask recovered from the rear passenger side door had a DNA mix from three people with a strong profile matching Smith.

12:15 p.m.

Court is in recess until 12:50 p.m.

11:41 a.m.

Minnesota Bureau of Criminal Apprehension Latent Print Examiner Jennifer Kostroski was called to the stand. Kostroski examined materials in Herron's home and the suspects' vehicle.

She testified that she examined finger and palm prints taken from the inside and outside of the patio door of Herron's home, a picture frame, plastic bags and a black and gold storage chest.

Kostroski said Smith's prints were not found in Herron's home, but a print matching his left palm was found on the car.

10:55 a.m.

Scott County Sheriff’s Office analyst Laura Wiger analyzed jail calls made by Derrick Smith on Nov. 28, 2016. Smith provided his log-in information to a Facebook account to the caller.

On the Facebook account, Wiger notes there were photos that stated “murderville” and photos of marijuana. Wiger requested a search warrant from Facebook and found that the birth date matches Smith’s birthdate, images of Smith and a photo of a handgun on the Facebook page.

The account was set up before Herron’s death.

10:46 a.m.

Court goes into a short recess.

10:24 a.m.

The first witness called to the stand was Shakopee police officer Cortnie Anderson, who was working an overnight shift on the night Herron was shot.

Anderson heard from dispatchers that there was a car pursuit and originally went to join the pursuit before heading to Herron's home. A city plow truck driver told her that there was a man flagging down cars in the Public Works building parking lot.

Anderson went to the parking lot where she said she found Robinson. Anderson testified that Robinson tried to get his license out of his wallet to hand to her but his hands were shaking so bad that he couldn't, so he gave her his wallet.

"He told me he was involved with the incident," Anderson said.

Anderson let Robinson sit inside her patrol car and told him he was not yet under arrest. Later on, Anderson took him to Elliott.

Day 6: Tuesday, April 24

3:20 p.m.

Court adjourns for the day. To reconvene at 9 a.m. Wednesday.

3:05 p.m.

The attorneys and Judge Christian Wilton talk about tomorrow's schedule and inform Smith of his Fifth Amendment rights.

“Your lawyer can’t even call you as a witness if he thinks it's a good idea and you don’t,” the judge said. "(And) nobody can keep you off that witness stand if you choose.”

If Smith chooses to testify, then he can be cross-examined regarding his prior convictions. If he chooses not to take the witness stand, then those convictions would not he held against him in regards to his credibility, Wilton said.

2:33 p.m.

Court goes back into session, with video footage captured by a neighbor's security camera on the night of the murder. A Prior Lake Police Department investigator pointed out a light-colored car that drove past Herron's home multiple times, at one point stopping for someone to get out of the car and watch the home for about a minute.

The footage also showed two people running, as if from the home, and other traffic through a nearby intersection.

2:12 p.m.

Court goes into recess while waiting for a witness.

1:43 p.m.

Nathaniel Pearlson, a forensic scientist with the BCA lab, provides ballistics evidence.

12:57 p.m.

The trial resumes after a lunch recess and Semone Watson, Herron's girlfriend at the time of his death, took the stand.

She and another woman who lived in Herron's Prior Lake home had just made the bed in the master bedroom and were putting new curtains up when Herron came in and laid down.

After he went to sleep, she went into the garage where visitors Jasmine Ristamaki and Marcus Hemsworth were getting high on methamphetamine, she said. She joined them, but only briefly, since she expected a man to to come buy the house for a drug sale, Watson testified.

When she left the garage, a masked man with a gun approached here and told her to lay down on the ground. The people in the garage and a housemate who lived downstairs were forced to join her on the floor in the living room. Their phones and valuables were taken, including a few of Watson's rings, she said.

Then one of the robbers asked where the homeowner was while pointing the gun at her head, she said.

"They went back to the bedroom and got him,” she said. “I heard like a little scuffle and then … like a pop. A couple seconds later, the guy with the gun brought James out ... the guy asked for money and everything."

When Herron did not answer, the man threatened to "start shooting him all over his body," Watson said.

Throughout the proceedings, Watson kept trying to get up and find a way out. After the armed robber shot Herron in his knee, she "just ran," taking off barefoot through the back patio door. She knocked on a neighbor's door for help, but when no one answered, she went to Herron's sister's house, yelling at her to call 911, Watson testified.

During cross-examination, Watson confirmed that only one of the robbers was talking and visibly armed, though she questioned what happened to Hemsworth's gun, which was taken by one of the robbers, she said.

“They were all participating,” she said firmly, in response to Goetz's questioning.

11:45 a.m.

Noon recess begins, with court to resume around 12:50 p.m.

10:10 a.m.

"Every time you describe this, you tell a different story," defense attorney Frederick Goetz told Robinson during cross-examination.

In his interactions with law enforcement, Robinson has told police that he had been with "a couple of friends" on the night of the robbery, that their plan had been to buy marijuana from Herron at his home, that Patterson asked him if he wanted to go to the casino, that he had been completely asleep or "out of it" during the ride to the casino, and other conflicting details.

“I didn’t know the extent of the case. I didn’t know anybody was dead,” Robinson said.

Goetz also confirmed that Robinson had smoked "a lot" of marijuana that day, consumed some alcohol, and suffers from anxiety and panic attacks during stressful situations.

Robinson said that Jaques and Smith appeared to be informed about the home and that they appeared in charge, with Smith telling Patterson to only use the gun in his possession to threaten people.

"Your fear was not some remote, abstract fear, you had an immediate fear that you would be shot if you did not participate in this robbery," Goetz said.

Goetz added that Patterson was the one who told Robinson to '"stop being a little bitch" when he appeared to want out, though Robinson corrected him, saying that it had been Smith.

“Derrick told me basically he’d shoot me if I try not to” participate in the robbery, Robinson said during an earlier portion of his testimony.

9:16 a.m.

Prosecutors call Jonte Robinson to the stand. Robinson is another suspect in the murder and already pleaded guilty to second-degree murder with intent, but has yet to be sentenced.

Robinson said that he had moved from Minnesota to Georgia to get away from gangs and violence, but returned in November 2016 to visit family and celebrate his birthday. He arranged to meet with childhood friend Tyrel Patterson while in the Twin Cities, Robinson said.

He became involved in the robbery when Patterson's cousin backed out, but didn't know that it was going to be a home invasion. Before the day of the robbery, Robinson thought that they were going to call Herron, arrange to meet him, and take money and marijuana from him at that point, Robinson said.

Once at Herron's residence, Robinson said that his "job" was to keep an eye on the people forced to lay down in the living room. When Patterson asked Robinson to go look for Herron, he lied about having seen him, Robinson said.

Patterson screamed at a blonde woman in the living room, who told him that Herron was asleep. After a lot of yelling in the back room, Patterson brought Herron into the living room, with blood on the victim's hands. Patterson threatened to shoot him in the knee if Herron didn't reveal where "the money and drugs" were, Robinson said.

After counting down from 10 or 15, Patterson shot Herron in the knee, Robinson said.

At that point, the blonde who showed Patterson where Herron was ran out of the house, and Robinson was told to go after her, he testified.

“I stood on the porch and watched her run,' Robinson said.

After a short time, he told Patterson it was "time to go," then ran away, in a different direction than the fleeing woman, dropping his neon green mask and mismatched gloves, Robinson said.

“I just heard a pop come from inside the house,” but didn't know that anyone had been killed, he said

After running away, Robinson called 911 and reported the robbery, saying that he didn't want to be a part of it, he testified.

Day 5: Monday, April 23

11:38 a.m.

Court adjourns for the day.

11:34 a.m.

A Burnsville police officer was called to the stand. He testified about finding drug evidence at Herron's home.

11:15 a.m.

Court is back in session. Semone Watson, Herron's live-in girlfriend, appears in court. She appeared late to the court house and her testimony was postponed.

10:48 a.m.

Court is in recess.

10:46 a.m.

Hemsworth said he was a fried to Herron for several years before Herron was killed. He said he was at the home the night Herron was killed and recounted the events from that night. He stepped down from the stand around 10:45 a.m.

9:47 a.m.

The state calls Marcus Hemsworth to the stand. Hemsworth was one of the visitors at Herron's home on the night of the robbery and murder.

9:00 a.m.

Court is back in session.

Day 4: Friday, April 20

4:20 p.m.

Court has adjourned for the weekend.

4:02 p.m.

Middleton led the court through autopsy photos taken during Herron's autopsy. He said several marks on the skin and skull showed that the bullet had been shot from a gun that was not very far away.

"I call this a contact gunshot wound," Middleton said.

The bullet in his brain traveled through the midbrain, which regulates functions just above basic meaning Herron could breathe and his heart was beating but he was unable to move, Middleton said.

Middleton said he found more than $6,000 in Herron's pants. A toxicology report revealed that Herron had no alcohol in his bloodstream present but that there was the presence of methamphetamine.

Middleton said he determined the cause of death to be multiple gun shot wounds and that the manner of death was homicide.

3:41 p.m.

Assistant Chief Medical Examiner for the Hennepin County Medical Examiner's Office Owen Middleton takes the stand.

3:35 p.m.

Rodysill said he was the first person in the house to be told to lay on the ground in the living room.

"I could hear commotion in all corners of the house," Rodysill said. "They were ransacking the place, looking for something."

Rodysill said he saw one man holding Watson against the wall and that that man had a gun. He said his wallet was taken when the people were searched and that he didn't have money on him but his social security card, driver's license and fishing license were in the wallet.

He said there was a countdown both to the gunshot to the knee and to the head. Rodysill said the person who shot him was one of two men making most of the calls and that it was the taller man who shot Herron.

After the suspects left, Rodysill said he went downstairs and hid for a long time, even after police left. He said he was the one who revealed himself to investigators from the Minnesota Bureau of Criminal Apprehension.

2:41 p.m.

After the lunch recess, Jaques returned to the stand for cross-questioning. Jaques had testified that she took videos and photos of Herron's home in order to ask people she know about renting rooms in the house and selling the pinball machines. The defense attorney said she was "casing" Herron's home.

"The truth is, you're the one who set up this robbery," defense attorney Frederick Goetz said. Jaques responded "No, sir."

Originally, Jaques had told police she met the other suspects that night and decided to hang out with them, which she said she lied about. Jaques said she was high on marijuana and meth the night of the robbery.

Jaques said she knew Patterson as someone who "handled things" and that he "handled things" for Smith. Though Jaques said Smith had hit her to threaten her to perform the robbery, Goetz showed pictures of her after she was apprehended by police and said there were no visible injuries to corroborate her story.

Jaques said she pleaded guilty to second-degree murder so she wouldn't get convicted of first-degree murder in a plea deal with prosecution — testifying was also a part of that deal.

Mitchell Rodysill, a guest of Herron's who was at the home last night, took the stand after Jaques.

12:31 p.m.

Court takes a lunch recess.

12:28 p.m.

One of the other suspects in the murder who already pleaded guilty to second-degree intentional murder, Brandy Jaques, was the second witness.

Jaques said she has known Smith since 2012, Patterson since two months prior to the robbery and met Robinson that night and didn't learn his name until she was indicted in the murder. She said her and Smith were friends and that he would come over to her house frequently.

"I'm scared to be here," Jaques said. "I don't want to be here. I'm afraid of Derrick. I know who Derrick is."

Jaques said she went to Herron's home four times — the first time she went with somebody else to buy "dope," a second time to get high with residents of Herron's home, a third time to buy marijuana and the fourth time was the night of the robbery.

Jaques said Smith went with her to buy marijuana on the third time. She testified that she did not hear about the robbery plan until the day of, on Nov. 22, 2016 and that Smith told her of the plan. She said she told Smith she didn't want to go, but that he then punched her and told her she was going because he did not know how to get to the house without her.

"He told me, 'you're not gonna make a fool out of me,'" Jaques said.

Jaques said Smith, Robinson and Patterson met at Patterson's home before driving to Herron's home in a gray Buick owned by Smith. She said Smith drove initially but then Smith pulled over and had her drive.

Jaques said she intentionally pretended like she did not know where the house was and instead kept looping through the parking lot at Little Six Casino. She said Smith hit her on the head at that point with an object she believed to be a gun.

"He was like, 'b-tch, I know you where the house is at, go to the house,'" Jaques said.

As Jaques gave her testimony, Smith shook his head.

9:20 a.m.

A crime analyst with the Scott County Sheriff's Office, Laura Wiger, is the first witness on the stand on Friday morning. Wiger analyzed several of the cellphones recovered and attempted to recover data from the phone using a computer program.

Day 3: Thursday, April 19

Read about the testimony from Jasmine Ristamaki, James Herron's friend who was at his home the night he died in the full Day 3 story.

4:53

Court has adjourned for the day.

4:01 p.m.

Minnesota Bureau of Criminal Apprehension special agent-in-charge Don Cheung testified. Cheung examined phones found at both scenes.

Minnesota Bureau of Criminal Apprehension special agent Joseph O'Brien also testified. O'Bried led the court through videos and photos recovered from one of the suspects' phones that show the interior of Herron's home.

2:27 p.m.

A friend of Herron's, Jasmine Ristamaki, testified Thursday afternoon. Ristamaki said she was in the house on the night of the murder and had come to Herron's house in the afternoon on Nov. 22, 2016 after leaving Mystic Lake Casino Hotel.

Ristamaki said several visitors were at Herron's house that night, some she did know and some she did not in addition to Herron's live-in girlfriend Semone Watson. Ristamaki said Watson was not happy that she was at the house. The group made spaghetti for dinner.

According to court documents, witnesses and police said the suspects came in through a sliding glass door and gathered some of the people in the house into the living room. Ristamaki said a man in a red, black and white mask told her to get on the ground and asked her if she thought it was a "f-cking game."

She said she was dragged by her hair into the living room and other individuals in the house were brought in and told to lay down next to her as well. Ristamaki said the suspects searched the others and found a gun and slapped her buttocks but did not take anything from her. She said the suspects asked Watson where Herron was and that Watson told them Herron was sleeping in his room.

"I heard footsteps going down the hallway and I heard a gunshot and James was screaming, 'OK, OK!'" Ristmaki said.

Ristamaki said she kept her eyes closed the whole time in order to be able to tell the suspects that she wouldn't recognize them in the hopes they wouldn't shoot her. She said they brought Herron down the hallway and put him next to her head.

"I heard James screaming 'No, please, no please,' and a man asking him where the money was and the drugs were and that he knew he picked up today because he was watching him," Ristamaki said. "The man said he came for something, he didn't come for nothing."

Ristamaki said she heard another gunshot and that a man asked again where the money and drugs were before Watson told Herron to "just give him the money." Ristamaki said she heard the man count down from five, another gunshot and then Herron make a snoring sound. She said the suspects left and she ran into the garage door and wedged herself under her own car before she heard someone come back and say "Where you at, b-tch? I'm going to start shooting, b-tch."

Ristamaki testified that she came out of the garage with her hands up and her eyes closed. She said she told the suspects that her eyes were closed and that she hadn't seen them.

"I thought that would keep me alive," Ristamaki said. "I was afraid I would never see my kids again. That I would die."

She said a man grabbed her hair and dragged her to the stairway before putting a gun to her head and asking where the titles were. She said she told him she was just a visitor and didn't know anything.

"I heard all kinds of footsteps and then I heard a white male say, 'What's up with all the gunshots? I thought nobody was going to get hurt,'" she said. "Nobody responded to that."

After the suspects left, Ristamaki said she hid in the corner of the garage under plywood until police arrived. She said she went out and saw Herron on the floor, leaned up against a recliner.

"I told him to stay alive and just keep breathing," she said.

12:47 p.m.

After a short recess, Garfield returned to the witness stand and said that after the bureau was done processing Herron's house, Prior Lake Police Chief Mark Elliott went back to the scene and found additional evidence — two gloves, a bullet and a bullet casing.

"He indicated to me the bullet was found in the carpeting," Garfield said. "Bullet holes in the carpeting are extremely difficult."

Pictures of the sliding door the suspects used to enter the home were shown in court. The door had been physically broken at the base and a folding knife was stuck into the molding of the door on the outside of the house.

A bullet was found inside one of the pillows in the master bedroom. Garfield said the Bureau of Criminal Apprehension also went through the suspects' car. In the car there was a black backpack that contained black shoes, a screwdriver, zip ties, disposable gloves and a flashlight.

Elliott was then called to testify. Elliott said he found a bullet casing in carpet that had been cut away from the floor. He then went to the bedroom and found a casing that was not found previously. Additionally, a search outside yielded two gloves, one wrapped up in the other.

12 p.m.

Court adjourns for a lunch recess.

9:53 a.m.

Minnesota Bureau of Criminal Apprehension forensic scientist Lindsey Garfield was the first witness on the stand Thursday morning. Garfield responded to the crime scene at Herron's home around 6:30 a.m. on November 23, 2016.

The Bureau of Criminal Apprehension took until 9:15 p.m. the next day to process the scene. Crime scene videos from the bureau show blood on the walls and floors, a crystalline substance in the carpet and paramedic equipment in the living room in addition to blood on the pillows and television in the master bedroom.

Garfield said as the bureau processed the scene, a man who had been in hiding showed himself to investigators. Garfield said she asked law enforcement to do a second sweep of the house and officers found two more people hiding behind a false wall in the basement.

Day 2: Wednesday, April 18

Read about the testimony from an Eden Prairie police officer involved in a shootout with Smith the night of James Herron's death in the full Day 2 story.

4:12 p.m.

Court adjourns for the day.

3:46 p.m.

Peck’s testimony ended around 3:40 p.m. State called Hennepin County Sheriff’s Office firearms examiner Richard Boelter.

2:50 p.m.

Recess is done. Sarah Peck, a Hennepin County Sheriff’s Office Crime scene investigator, is testifying next. Peck investigated the parking lot where Smith was shot by a police officer.

2:27 p.m.

Rucker is done testifying. There is a 10 minute recess.

2:08 p.m.

Hennepin County Crime Investigator Matthew Rucker said he went through the suspects' car. Rucker found multiple masks and a box that contained a title with Herron's name on it.

He also found what appeared to be a white crystal substance and another substance that looked and smelled like marijuana.

1:26 p.m.

Matthew Rucker, a crime scene investigator with the Hennepin County Sheriff’s Office, begins testifying.

The focus of Rucker's investigation was the officer-involved shooting.

12:57 p.m.

The session is out until 1:15 p.m.

12:19 p.m.

After a break ended around 10:40 a.m., Eden Prairie police officer Brandon Carlston remained on the stand. He testified that he knew for sure he had been shot at. "It's something I'll never forget, sir," he said to the defense attorney.

Edina police officer Beau Schoenhard testified that he traveled with Smith to the hospital after he was shot and that he saw two gunshot wounds, one in Smith's left arm and one in his right leg.

Mystic Lake Casino Hotel Surveillance Operations Manager Matthew Tighe led the court through the path of the suspects' car throughout the reservation on the night of the murder from about 1:20 to 5:40 a.m. The Shakopee Mdewakanton Sioux Community operates many cameras on casino and residential property on the reservation

10:33 a.m.

Brandon Carlston, an Eden Prairie police officer testified he joined the pursuit of Smith on the road and worked to use a police maneuver that causes a suspect vehicle to spin out. Once the car was stopped, three suspects jumped out of the vehicle and started to flee. A K9 officer and dog chased suspect Brandi Jaques, who went east, and the officer went after Smith, who went north.

Carlston said he ran after Smith through a strip mall parking lot and testified that Smith fired at the officer, who then returned shots. Smith went down, Carlston said he approached him and then Smith raised his gun at him and shot again. The cop said he shot Smith again and hid behind a vehicle in the strip mall parking lot, waiting for other officers to join him.

Squad car video of the chase and Pursuit Intervention Technique maneuver were shown in court. The audio kept running as the officer ran off screen and the exchanges thereafter were recorded.

Day 1: Tuesday, April 17

Attorneys for Derrick Zechariah Smith, a man charged in the murder of a Shakopee Mdewakanton Sioux Community member, said the 30-year-old was motivated by fear to take part in the November 2016 murder of James Herron on tribal land.

"This case is about fear," Smith’s attorney Frederick Goetz said during the first day of Smith’s bench trial in Scott County District Court on Tuesday. "A fear so intense, so immediate and a fear so severe that it caused this man to participate in a crime that he otherwise would never have been a part of. ... Tyrel Patterson is the only one with blood on his hands."

Smith was one of four charged in the murder of 42-year-old Herron, a Prior Lake resident. He faces two counts of first-degree murder, one count of second-degree murder, four counts of first-degree aggravated robbery and one count of first-degree burglary.

Just before lunch on Tuesday afternoon, Scott County Judge Christian Wilton heard sworn testimonies from Prior Lake community service officer and evidence technician Alexa Nettell and from former Prior Lake police officer Nicholas Elenz, as well as the audio recordings of four 911 calls made Nov. 23, 2016, the day of Herron’s death.