Timothy Jacoby
Timothy Jacoby

Prosecutors will seek the death penalty for the man accused of fatally shooting Monica Schmeyer in her Manheim Township home more than 2-1/2 years ago.

Timothy Matthew Jacoby, 39, was formally arraigned Tuesday in York County Court on charges of first-degree murder, burglary, receiving stolen property, illegal possession of a firearm by a felon and tampering with evidence, according to court records.

Also Tuesday, prosecutors revealed they intend to seek the death penalty for Jacoby.

Southwestern Regional police officers responding to a 911 hang-up call found the 55-year-old Schmeyer dead in her 3414 Trone Road home about 3 p.m. March 31, 2010.

She died of a gunshot wound to the head and suffered other traumatic injuries during or prior to the attack, police have said.

Nothing appeared to have been taken from the home, located in a secluded wooded area, according to police.

Reasons cited: In a 2-page death-penalty notice filed Tuesday afternoon, chief deputy prosecutor Tim Barker cited two aggravating circumstances as to why Jacoby should receive the death penalty if convicted of first-degree murder.

First, Schmeyer was killed during the perpetration of another felony -- burglary, according to the notice.

The second factor is that Jacoby has a "significant" history of felony convictions "involving the use or threat of violence," according to the filing.

They include a robbery for which he was sentenced in 2006 and a sentencing earlier this year for being a convicted felon in illegal possession of a gun.

Neither Barker nor defense attorney Brian Perry could immediately be reached for comment.

The allegations: According to Jacoby's arrest affidavit, witnesses in the area saw a man fitting his description walking toward Schmeyer's home about the time of the homicide.

Charging documents don't reveal a motive for the slaying, and officials aren't talking about what they suspect the motive might be.

"We are being close-lipped about information," Southwestern Regional Police Chief Greg Bean has said, adding he is not in a position to discuss motive or other details of the case.

"We want to make sure our (allegations are) complete before we talk about it," he said.

District Attorney Tom Kearney has said the investigation is ongoing, and that motives "are always subject to continued investigation."

Jacoby is friends with the victim's ex-husband, Dr. Jon D. Schmeyer, an ophthalmologist formerly of Hanover and now of Williamsburg, Va., documents state.

At Hooter's: At the time Monica Schmeyer was killed, her husband was at Hooter's restaurant in York with friend Sara Powell, who at the time was Jacoby's fiancee, according to Jacoby's arrest affidavit.

Powell told investigators Jacoby usually accompanied them, but wasn't there that day, the affidavit states, and a former Hooter's employee confirmed previously seeing Jacoby and Jon Schmeyer together at the restaurant. Police said the men were part of a social group that frequently met at Hooter's.

Jacoby remains in York County Prison without bail on the murder charges.

He's also serving a four- to eight-year prison sentence for a previous case in which he was charged with illegal firearm possession and receiving stolen property.

-- Staff writer Liz Evans Scolforo can also be reached at levans@yorkdispatch.com.