OLEAN, N.Y. (WIVB) — An Olean man accused of killing his wife in May pleaded not guilty to several charges stemming from a Grand Jury indictment Monday morning.
Edward Smith Jr., 50, is charged with Manslaughter, Assault, Criminal Possession of a Weapon and two counts of Murder in the Second Degree after an incident during Mother’s Day weekend.
According to a dispatch tape, a male caller, whom police indicated to be Smith, called 911 and told the dispatcher “I murdered my wife. I murdered my wife with a knife.”
Investigators said when police arrived at Smith’s Olean House apartment, his wife Kathy Smith was lying on a bed with a butcher’s knife sticking out of her chest.
“When we do a Grand Jury we look at different theories. We don’t know what the defense is going to be at this time so we consider different theories and also in case there are plea negotiations, we do ones that have different state of mind requirements,” explained Cattaraugus County Attorney Lori Rieman.
The defense indicated to the judge plans to submit a formal request for a mental health evaluation.
If the case goes to trial and Smith is convicted, he’s facing 25 years to life behind bars.
A county judge will review all evidence and decide if that 911 tape is admissible in court in the event of a trial.
“The call is eerie. And it’s just, it’s not that often that somebody will call and you know, say they killed somebody,” Rieman said.
The defense and prosecution will file initial motions in July.
Smith is scheduled to return to court in August. He remains in custody.