Murder charges filed in fatal assault

UPDATE: Northwest's fraternities and sororities were to hold a candlelight vigil in memory of slain student Tomarken Smith at 9 p.m. Friday, Sept. 14, at the Memorial Bell Tower on campus. The vigil is open to the public.

In addition, a moment of silence will be observed at Saturday's Bearcats football game. Yet to be scheduled is a memorial bell ringing, also on campus.

Northwest officials are still discussing how to handle requests from those who wish to make donations in Smith's memory.

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EARLIER TODAY: Two Harrison County men have been charged with second-degree murder and felony assault in the early morning death Friday of Northwest Missouri State University senior Tomarken Smith at Fourth and Market streets on the Maryville square.

Maryville Public Safety officials allege that Smith, 21, was assaulted near the intersection about 1:30 a.m. by Tony M. Overlin, 23, and Kevin Dell Mooney, 31, both of Bethany. Neither man is a student at the university.

MPS Director Keith Wood said the three men were reportedly involved in a scuffle inside Molly's Dance Club & Bar in the 300 block of Market Street shortly after 1 a.m.

Wood said the fight was broken up by a pair of Maryville police offices, sergeants Rex Riley and Rick Smail, and that the two "heavily intoxicated" suspects were ejected from the premises.

Smith, who Wood said was apparently less intoxicated that Overlin and Mooney, remained inside the tavern until closing time at 1:30 a.m. The victim, who is black, then walked outside and was allegedly set upon by the two white suspects.

During the alleged assault, Wood said, Smith was apparently struck once or twice before falling to the pavement, striking his head and losing consciousness.

A probable cause statement filed in Nodaway County Circuit Court Friday morning by detective Sgt. Ryan Glidden stated that immediately after the attack, Smail "observed two while males running from Mr. Smith's body after he was knocked to the sidewalk."

Glidden further stated that Smail recognized the fleeing suspects as as "the same two males who were involved in an altercation with Mr. Smith inside Molly's Bar at approximately 1:05 a.m."

Both men were arrested within minutes of the attack and were taken to the Nodaway County jail, where they were to be formally charged Friday by Prosecuting Attorney Robert Rice. If convicted, the suspects face prison terms of 10 years to life.

Smith, who Wood said was still alive in the minutes after being struck down, was taken by ambulance to St. Francis Hospital in Maryville, where he was pronounced dead at 2:21 a.m.

Wood said Smith's body was nearly unmarked after the attack, and that the victim may have suffered only a single blow. The sole wound, the police chief said, was a small cut to the back of the head that caused a slight amount of bleeding.

"The incident itself was relatively minor," Wood said. "Not the result, but the incident. There were probably 20 incidents like that last night where people just dusted themselves off and went home."

According to a Maryville Public Safety release, Smith was a pre-professional studies major at Northwest who was also pursuing a minor in coaching.

On his Facebook Page, the victim described himself as a pre-med student employed as a personal trainer at the university's fitness center. He was a 2009 graduate of Oakville High School in south suburban St. Louis.

The visibly shaken members of Smith's Sigma Phi Epsilon fraternity declined comment Friday except for a prepared statement issued by Missouri Lambda Chapter President Chase Adams, who said the members were "deeply saddened by the loss of our brother."

"The chapter extends its heartfelt condolences to his family," Adams said. "This is a very tough time for all of us. Please offer your thoughts and prayers for his family, friends, brothers and the campus community as we struggle to cope with this tragic loss."