Wintermyer
Wintermyer

A woman who witnessed Spencer "Lee" Newcomer IV fatally shoot his Springettsbury Township next-door neighbor last summer conceded some of her trial testimony wasn't exactly the same as her previous statements.

During cross-examination Tuesday morning, defense attorney Chris Ferro did his best to pick apart Monday's trial testimony from Margaret Ginter, who was the first prosecution witness called to the stand.

Newcomer, 43, of 3812 Sylvan Drive, is charged with first- and third-degree murder for killing his next-door neighbor, 47-year-old David Wintermyer, in front of their homes on June 10.

According to Monday's testimony, Wintermyer was standing at the end of his driveway, arguing with Newcomer, who was in his pickup truck.

Newcomer
Newcomer
Wintermyer was complaining about Newcomer allowing his three dogs to defecate in Wintermyer's yard, which was an ongoing problem, Ginter said.

Newcomer started to drive away, she said.

'Go to hell': "He put his head out the window, gave (Wintermyer) the finger and yelled profanity at him," Ginter told jurors. "(Newcomer said), 'I can do what the f-- I want to do. You can go to hell.'"

Wintermyer started to walk toward the moving pickup truck. After stopping for the stop sign at Concord Road, Newcomer put his pickup truck in reverse and backed up toward Wintermyer, according to Ginter.

"He got out of the truck, gun in hand, and just killed Dave then and there. ... He just point-blank shot the man," she said. "Dave was just saying, 'Wait a minute, wait a minute.'"

Ginter said she had a clear view of Wintermyer and that he never reached in his pockets. Newcomer maintains he saw Wintermyer reaching in a pocket and feared the former Marine had a gun.

Newcomer shot Wintermyer four times, three shots to the chest and one to the center of his back, according to York County Deputy Coroner Jeffri Goodfellow, who also testified Tuesday.

Discrepancies? During cross-examination by Ferro, Ginter admitted details of her current and previous versions of events didn't entirely jibe.

For example, Ginter previously told police she saw Newcomer pull a gun out of his pocket after getting out of his truck. On the stand Monday, she said Newcomer had the gun at his side when he got out of the truck, then pointed it at Wintermyer. And at Newcomer's preliminary hearing, Ginter said Newcomer was pointing the gun at Wintermyer as he was getting out of his truck.

"I'm human," she told Ferro.

Cop testifies: The first Springettsbury Township police officer to arrive at the scene of the shooting took the stand Tuesday.

Cpl. Greg Hadfield said that as he was arresting and Mirandizing Newcomer, the suspect made a statement:

"He blurted out, 'I had to -- it was self-defense,'" Hadfield told jurors. "He said Mr. Wintermyer had been harassing him for years."

Newcomer also told the corporal he fired after seeing Wintermyer reach into his right front pocket, and claimed Wintermyer told him he'd "fix (Newcomer) and kill his dogs, too," Hadfield said.

On Monday, Ginter testified Wintermyer didn't make that statement and never reached toward his pockets.

Snapped? York County District Attorney Tom Kearney told jurors that Newcomer "snapped" and murdered his neighbor in anger.

But Ferro maintains Wintermyer was the aggressor. He described him as volatile and, in Newcomer's mind, dangerous. Ferro said Newcomer fired in self-defense because he was under attack.

Also testifying Tuesday were several members of the York County Forensics Team, who answered questions about the evidence they found at the shooting scene and how they collected it.

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