Landon May

Case record: Landon May

Background

Landon May was convicted of killing Lucy Smith and Terry Smith in their Ephrata townhouse in September 2001 and sentenced to death.

May was housed at Graterford, the state's largest, maximum-security prison facility, which was 31 miles northwest of Philadelphia. Pennsylvania housed its death-row inmates in two facilities: Graterford and Greene, in southwestern Pennsylvania. May’s father was being held at Greene.

May had a father, Freeman May, 55, who was on Pennsylvania’s death row. The case involving Freeman May was still in the appeal process. The May family was described as becoming the first father and son to be sentenced to death for separate murders in Pennsylvania.

May’s grandfather was described as Sidney May Jr., who was dead, and who had served time in prison for sexually assaulting his own daughters.

May had been convicted of sexually assaulting Mrs. Smith before she died, along with a number of other crimes.

The offence

On Saturday, September 1, 2001, Landon May, along with Steven Estes, Raymond Navarro Perez, and Michael Bourgeois, drove to the home of Lloyd and Beverly Good in Lititz, Lancaster County, Pennsylvania, intending to commit a burglary while the Good family was absent on vacation.

The perpetrators gained entrance through a side garage door and ransacked the home. They stole a 1996 green Chevrolet Suburban and a 1996 silver Saturn sedan, both of which had been parked in the garage.

The perpetrators also stole a number of weapons: a .22 caliber revolver, a .32-20 caliber revolver, a Marlin 12 gauge bolt action shotgun, an Ithaca 12 gauge pump shotgun, a 30-06 Remington rifle, a Browning 300 Winchester Magnum rifle, two boxes of 300 shells, three boxes of 30-06 shells, two blocks of .22 shells, assorted hunting knives, a Jennings “Buckmaster” compound bow, a Jennings “Bear” bow, two 10-pump BB guns, and one one-pump BB gun. Cash and other assorted household and personal items were also stolen, including dishes and a taxidermist mounted fox.

The burglary was discovered by the family upon returning on Monday, September 3, 2001, at approximately 8:00 a.m., and was reported to police.

The homicide phase occurred after May was located at his girlfriend’s residence. At approximately 10:30 a.m. on September 6, 2001, officers discovered that Lucy Smith and Terry Smith had been killed.

Sergeant Kurtz located another body wrapped in bedding in a front bedroom, later identified as Terry Smith. This bedroom showed signs of a struggle and Terry Smith had been stabbed repeatedly and shot multiple times in the head.

Officers observed blood spatters on the mattress and wall and what appeared to be a body wrapped in a comforter on the floor in a pool of blood in the master bedroom. This body was later identified as Lucy Smith.

Lucy Smith had been severely assaulted on the left side of her head and shot in the head.

Terry Smith was stabbed 47 times, his neck was cut at least five times, he was shot “execution-style” five times, and he was strangled or asphyxiated. There were no defensive wounds on Terry Smith. The evidence established that Terry Smith was tortured before being killed.

During the autopsy of Lucy Smith, Dr. Ross obtained swabbings from her mouth, which were examined and found to contain semen matching a sample of May’s blood. Lucy Smith was cut 51 times, shot in the head, beaten on the left side of her head with a claw hammer, suffered blunt force trauma to her forehead, and was eventually smothered to death. She also suffered defensive wounds to her hands and arms.

The evidence established that May intentionally, deliberately, and with premeditation participated in the murders of Terry and Lucy Smith. These victims were unlawfully killed; May actively participated in the killings; and his active participation combined with the fact that the victims were assaulted with deadly weapons on vital parts of their bodies was sufficient for a specific intent to kill. Even if May did not inflict the specific injuries which caused each of the Smiths’ deaths, the evidence proved he clearly shared that intent with his accomplice, Bourgeois.

Investigation

Police found multiple fingerprints. Several prints were lifted, one of which matched fingerprints on file for Bourgeois. The residence was processed for latent fingerprints after the burglary was discovered.

On September 5, 2001, police made unsuccessful efforts to locate Bourgeois at the residence of his mother, Lucy Smith, and her husband, Terry Smith, in Ephrata.

On September 6, 2001, at approximately 10:00 a.m., the Ephrata Borough Police Department received a telephone call from an employee of Terry Smith. The employee advised police that Terry Smith had not come to work during the morning hours that day, that she had not heard from him, and that she usually reported to work in a reliable and consistent manner. She reported that Lucy Smith was also not at work as an elementary school principal, which was unusual.

Detective David Shupp and Officer Douglas Heilman responded at approximately 10:30 a.m. and attempted to gain the attention of residents inside by knocking on the door and ringing the doorbell. The front door was locked, but the rear sliding door was unlocked.

Detective Shupp checked with his office and learned that Bourgeois was the son of Lucy Smith, his fingerprint had been discovered at the scene of the earlier burglary, and firearms had been stolen from the house. Detective Shupp requested additional assistance and was joined by Detective Ballinger and Sergeant Kurtz of the Ephrata Borough Police Department, and Officer Diane Houston from the Ephrata Township Police Department.

At approximately 10:55 a.m., the officers entered the residence through the unlocked sliding door and did a quick sweep of the first floor, finding nothing unusual. Officer Heilman and Detective Shupp went upstairs and entered the master bedroom.

A quick identification of deaths was followed by interviews. In the late morning hours of September 6, 2001, Corporal Raymond Guth of the Pennsylvania State Police and Detective Shupp went to the Rodriguez residence to interview Bourgeois regarding the Good burglary.

Bourgeois admitted that he and Perez committed the burglary. Bourgeois also stated that Perez told him that the items taken from the burgled residence were stored at Perez’s residence on Plum Street in Lancaster City.

Bourgeois was subsequently arrested on the burglary charge.

Detective Brad Ortenzi of the Ephrata Police Department and Detective Sergeant Edward Tobin of the Warwick Township Police Department remained at Rodriguez’s residence to interview her. During that discussion on the front porch, May came downstairs and Rodriguez introduced him to the detectives. May agreed to talk after the detectives finished their conversation with Rodriguez.

At about 3:30 p.m., the detectives began asking May about the whereabouts of Bourgeois over the days leading up to September 6, 2001. Upon request by Rodriguez, the detectives left the front porch and asked May if he would accompany them to the police station. May agreed.

During the conversation at the police station, May admitted he was involved in the burglary. Near the end of the interview, the detectives informed May that Bourgeois’ parents, Terry and Lucy Smith, were found dead, and asked if May had involvement in their deaths. May responded that he wanted to talk to an attorney. The interview was concluded and May was driven back to the Rodriguez home.

Approximately 50 minutes later, at 7:40 p.m. on September 6, 2001, Detectives Ortenzi and Tobin returned to the Rodriguez residence to arrest May for the burglary. They were told May could be found at his girlfriend’s residence. They proceeded to 916 Main Street, Akron, and arrested May.

May was advised of his Miranda rights by Detective Tobin and was placed in the police cruiser. After arriving at the Ephrata Borough Police Station, May reviewed and signed a document confirming he wanted to speak to the police, acknowledging he had asked for an attorney several hours earlier, and confirming he initiated a new discussion. May was then given Miranda warnings again, which he acknowledged in writing. May then gave a statement confessing to participation in the killings of Terry and Lucy Smith.

May stated that he wore rubber gloves to the Smith residence and that Bourgeois did not. May stated he was wearing jeans and a tee shirt which he subsequently placed in the Rodriguez house.

May also admitted that during assaults on Terry and Lucy Smith he went downstairs to get knives from the kitchen, and he used a knife to cut Lucy Smith’s throat and shot her once.

A search warrant was obtained for the Rodriguez home later the same night and executed immediately. The clothing worn by Bourgeois and May during the murders was found in a dark green plastic garbage bag in the laundry room along with three bloody knives, a bloody claw hammer, Terry Smith’s wallet, a purse with a cell phone, papers and cards belonging to Terry and Lucy Smith, a key ring, a roll of duct tape, five .22 caliber spent casings, a chocolate box full of personal items belonging to Terry and Lucy Smith including credit cards, and other items taken from the Smith residence.

Money taken from the Smith home was found in a cigarette box in a gold watering can in the kitchen. During the search, police observed in plain view items known to them to be stolen from the burglary, including the stuffed and mounted fox and a canvas bag with the family's name embroidered on one side.

Sergeant Larry Martin of the East Cocalico Township Police Department searched the attic and found several of the weapons stolen from the residence, along with ammunition and hunting supplies. The .22 caliber and .32 caliber revolvers used in the murder were not found during the search.

After officers left, Rodriguez enlisted the help of her two teenage daughters and two young men to remove the two firearms from the residence and dispose of them.

On September 8, 2001, after a tip about suspicious activity by three juveniles, police recovered the .32 caliber Colt handgun from a dumpster located in Akron, approximately one-half mile from the Rodriguez residence. It had been wrapped in plastic wrap, placed inside a Pizza Hut bread sticks box, and taped shut with masking tape.

On September 26, 2001, Detective Shupp, with the cooperation of the two male juveniles recruited by Rodriguez, recovered the .22 caliber revolver which had been buried in a cornfield in Akron.

Autopsies of Terry and Lucy Smith were performed on September 7, 2001, by Wayne Ross, M.D., the Lancaster County forensic pathologist.

Arrest

May was arrested for the burglary at 7:40 p.m. on September 6, 2001. He was arrested at 916 Main Street, Akron.

May was advised of his Miranda rights by Detective Tobin, placed in the police cruiser, and later at the Ephrata Borough Police Station reviewed and signed a document confirming he wanted to speak to police, with acknowledgment of his earlier request for an attorney, and confirmation that he initiated a new discussion. He acknowledged Miranda warnings again in writing.

May gave a statement confessing participation in the killings of Terry and Lucy Smith.

Trial

At trial, Dr. Ross testified about injuries to both victims.

The evidence established that May intentionally, deliberately, and with premeditation participated in the murders. The evidence was sufficient to permit the jury to conclude that May actively participated and harbored a specific intent to kill. The evidence also supported premeditation and motive.

The jury deliberated only six hours before finding Landon May guilty of the murder of an elementary school principal and her husband.

At trial, police said May joked and was “carefree” and “loose.” The judge referred to the torture murders as “unusually heinous and despicable” and said May was a “threat to the community” when passing sentence.

May was also sentenced to 60 to 120 years for sexually assaulting Lucy Smith before killing the couple.

Sentencing

May was sentenced to death on January 9, 2003.

The judge referred to the torture murders as “unusually heinous and despicable” and said May was a “threat to the community” when passing sentence.

May received the death penalty, in part, because of the sexual assault on Mrs. Smith, a 51-year-old elementary school principal.

Terry Smith, 49, was president of a small manufacturing company.

Appeals

Judge Lawrence F. Stengel rejected May’s appeal and upheld his murder conviction. Stengel responded in detail to each of May’s complaints, concluding in a 52-page opinion that every step of May’s case—from initial discussions with police to the final imposition of the death penalty—was handled legally and fairly.

May was described as being 21 of Narvon. He was convicted in Lancaster County Court of killing Lucy and Terry Smith in their Ephrata townhouse in September 2001 and convicted of sexually assaulting Mrs. Smith before she died, plus a number of other crimes.

In his post-conviction appeal, May was represented by a new defense attorney, Christopher Lyden, who raised issues including that Stengel excluded the testimony of a defense-hired psychiatrist, Dr. Neil Blumberg. The psychiatrist concluded May was genetically predisposed to commit criminal acts.

Stengel noted that during the trial, attorneys for both sides agreed Blumberg’s testimony was irrelevant because May had never met his grandfather and he was 6 months old when his father, Freeman, was imprisoned.

Stengel wrote:

"Dr. Blumberg's attempt to relate Landon May's actions to his family history was speculative at best and would have been misleading and distracting to the jury,''

Stengel rejected Lyden’s points that pictures of the murder scene were too graphic to be shown to the jury and that the prosecution gave credibility to other convicted criminals who testified against May.

Stengel wrote:

"In this case, the evidence against May was overwhelming. May admitted to actively participating in the double murder in a signed statement to police. Specifically, he admitted to cutting the throats of Lucy and Terry Smith. Additionally, May's semen was found in Lucy Smith's mouth,''

Stengel also wrote:

"Any "error' in reference to the testimony or credibility of (Steven) Estes or Navarro Perez was harmless,'' the judge wrote.

As for the pictures, Stengel wrote:

"Without these photographs, it would have been impossible for the jury to grasp fully the severity of the wounds inflicted upon these two people.''

Lyden argued May’s confession to police should never have been entered into evidence. Stengel noted that detectives repeatedly explained to May his legal rights “in a complete, clear and legally sufficient manner,” and wrote:

"May noted that he left something out and several sentences were added in handwriting. May also corrected one grammatical error and then signed the statement.''

The appellate review process in Pennsylvania was described as involving first review by the Lancaster County judge who presided over the trial, then review by the Pennsylvania Superior and Supreme courts.

Other convictions and related individuals

May’s co-defendant, Michael Bourgeois, was the Smiths’ son and pled guilty to two counts of first-degree murder for killing his parents. Bourgeois received a sentence of life in prison for participating in the murder.

Bourgeois said:

"I'm extremely sorry for what I've done,"

A third individual, Drenea Rodriguez, received a sentence of life in prison as “the mastermind of the murder plot.”

Prosecutors said Rodriguez feared the Smiths would separate her from Bourgeois, her 18-year-old live-in lover.

The appeals discussion also included Steven Estes and Raymond Navarro Perez. The judge’s opinion addressed testimony or credibility of Estes and Navarro Perez and found any error harmless.

Steven Estes, described as 20, admitted to participating in the bicyclist’s shooting and was expected to testify against May when the shooting incident case went to trial.

May was stated to still face a charge in Lancaster County Court in connection with the shooting of a bicyclist near Fivepointville.

One of May’s friends, Steven Estes, admitted participating in the bicyclist’s shooting but said he was driving the truck and May shot the man. May told police it was Estes who shot the man.

Timeline

• September 1, 2001 — Landon May, Steven Estes, Raymond Navarro Perez, and Michael Bourgeois drove to the Good home in Lititz, Lancaster County, intending to commit a burglary while the Good family was absent on vacation.
• September 3, 2001 — The burglary was discovered and reported to police; the Chevrolet Suburban was recovered being driven by Estes.
• September 4, 2001 — The Saturn was found abandoned on U.S. Route 222 in Manheim Township, Lancaster County; the residence was processed for latent fingerprints; prints were lifted.
• September 5, 2001 — Police made unsuccessful efforts to locate Bourgeois at the residence of his mother Lucy Smith and stepfather Terry Smith in Ephrata; later that evening the Smiths went to a home in Akron leased to Drenea Rodriguez to visit Bourgeois.
• September 6, 2001 — Officers responded to the Smith residence after calls about missed work; Lucy Smith and Terry Smith were discovered after officers entered; Bourgeois admitted involvement in the Good burglary; May was interviewed, later arrested at 916 Main Street, Akron, provided statements, and a search warrant was executed at the Rodriguez residence.
• September 7, 2001 — Autopsies of Terry and Lucy Smith were performed by Wayne Ross, M.D.
• September 8, 2001 — Police recovered the .32 caliber Colt handgun from a dumpster in Akron.
• January 9, 2003 — May was sentenced to death.
• July 17, 2003 — Judge Lawrence F.
• June 25, 2003 — Reporting described the sentencing and appeal context, and the death penalty review process.

Other details

The burglaries included theft of a stuffed and mounted fox and a canvas bag embroidered with the family name.

In the homicide, witnesses testified that the Smiths would be bound with duct tape to force them to relinquish their ATM card pin numbers before being killed. The apparent reason for the torture was to obtain the PIN numbers to Terry Smith’s bank cards, which were stolen and later recovered at the Rodriguez residence.

Scientific testing indicated the blood discovered on the latex gloves and the DNA on the pants and tee shirt May wore at the time of the murders were Lucy Smith’s. Lucy Smith’s blood was found on the 13-1/2” knife recovered from the Rodriguez home.

May’s left thumb print was on the back of Terry Smith’s Ephrata rec card recovered from the Rodriguez home.

The .22 caliber casings recovered from the Rodriguez home were traced to one of the firearms stolen from the Good residence.

Police investigated May and cohorts as allegedly involved in unrelated crimes including the attempted robbery//shooting of a bicyclist. Police learned May and cohorts allegedly were involved in a series of unrelated crimes, and Estes was expected to testify against May.

May’s age was given as 21 at the time of the appeal ruling.

May was described as a threat to the community at sentencing, and the judge described the murders as “unusually heinous and despicable.”

May joked and was “carefree” and “loose” at trial.

Rodriguez removed the two firearms after officers left with help from her two teenage daughters and two young men.