NEW CASTLE SLAYING Suspect says he fired to stop fight

The Lawrence County district attorney said his office is considering filing additional firearms charges.
By LAURE CIOFFI
VINDICATOR NEW CASTLE BUREAU
NEW CASTLE, Pa. -- One of the men accused in the fatal shooting New Year's Day on Boyles Avenue contends he fired his gun to stop the fighting between two other men.
Michael Malnar, 30, of New York City told police in a recorded statement that he shot Torrence Respress in the legs in an attempt to stop the fighting between Respress and Willie Smith, 63, of Butler, Pa., according to court papers filed to support charges against Smith and Malnar.
But Smith then asked Malnar for the gun, and Respress was shot in the head, according to court papers.
Respress, 33, of Moody Avenue died at 1:25 p.m. at St. Elizabeth Health Center, Youngstown.
Arrests
Police arrested Smith not far from where Respress was found on the 100 block of Boyles Avenue. He is charged with criminal homicide and discharging a firearm within the city limits.
Malnar was arrested a few hours later at a Highland Avenue home, and he is charged with aggravated assault and discharging a firearm within the city limits.
Matthew Mangino, Lawrence County district attorney, said his office is considering filing additional firearms charges. He said they were unable to determine on New Year's Day if the two men were licensed to carry guns or if the gun was registered. Police are still checking into it, he said.
What happened
Authorities say the shooting stemmed from a fight between Respress and the two men that started around 10 a.m. New Year's Day in a Boyles Avenue home.
Once outside, Smith and Respress exchanged punches while arguing and Respress struggled with others during the fight, court papers said.
Respress was shot in the legs and then struggled to get across the street, police said. Respress collapsed and was then shot in the head, according to court papers.
Smith is being held without bond, and Malnar was still in jail this morning after failing to post $100,000 bond. Preliminary hearings for both men are set for 9:30 a.m. Thursday in Lawrence County Central Court.