A second eyewitness to the fatal shooting of a Springettsbury Township man by his next-door neighbor told jurors Wednesday that Spencer "Lee" Newcomer IV never hesitated when he killed David Wintermyer.
"He was going after (Wintermyer). To me, he had intentions of doing bodily harm," Clarese Lehr told jurors. "Dave's hands were up the whole time."
Lehr's testimony casts doubt on Newcomer's claim of self-defense.
Newcomer IV, 43, of 3812 Sylvan Drive, is charged with first- and third-degree murder for killing 47-year-old David Wintermyer in the road in front of their homes about 9:15 a.m. June 10.
He maintains Wintermyer -- a former decorated Marine -- was the aggressor and that he had no choice but to shoot when he saw Wintermyer
Wintermyer was shot three times in the chest and once in the back, and died at the scene.
Saw shooting: Lehr told jurors she heard men arguing and looked out the window of her aunt's home, where she was visiting.
She said she saw Newcomer drive away, stop at the stop sign of Sylvan Drive and Concord Road, then back up toward Wintermyer, who was standing in his own driveway.
According to Lehr, Wintermyer had his hands in the air, as if annoyed and asking "what."
"I could see (Newcomer) lean over in his truck" and reach for something, she said, then get out.
At that point, Wintermyer was walking toward Newcomer, but not quickly, she said.
"(Newcomer) turned to walk toward Dave," Lehr said. "Dave did stop when he saw the gun. And his hands were in the air."
'He never stopped': The witness said that's when she saw Newcomer holding a gun and walking toward the victim.
"There was no hesitation whatsoever. He never stopped," she said. "Once he started shooting ... he kept walking toward Dave."
Wintermyer's body jerked backward each time he was struck by a bullet, but Newcomer kept advancing and firing, according to Lehr.
Unshaken: During cross-examination, defense attorney Chris Ferro asked questions designed to call her recollection into question, but Lehr was unshaken.
York County District Attorney Tom Kearney has said Newcomer and Wintermyer were at odds, primarily because Newcomer's property was run down and because he regularly allowed his three dogs to defecate in Wintermyer's yard. Testimony also revealed Wintermyer was vandalizing Newcomer's property in retaliation.
Margaret Ginter, who lives across the street from Newcomer, testified Monday the men were arguing about the dog issue.
She said as Newcomer was driving away, he leaned out the window of his pickup truck, shot Wintermyer the finger and yelled, "I can do what the f-- I want to do. You can go to hell."
Like Lehr, Ginter also told jurors Wintermyer never reached for his pockets.
3rd witness: Also testifying Wednesday was Deb Hauck, who was driving through the area and saw part of the encounter.
She said Wintermyer had his hands in the air, as if he was talking animatedly.
"I could tell he was having words," Hauck said.
She said she saw the driver door to Newcomer's pickup truck "fly open" and saw Newcomer take two or three steps toward Wintermyer.
"Instantly he had the door open and the gun pointed," Hauck said.
At that point, she turned onto Concord Road and didn't see the actual shooting, she testified.
Husband's turn: Lonnie Ginter, husband of Margaret Ginter, also took the stand Wednesday.
He told jurors he was inside his home reading the newspaper when his wife said there was an argument outside, then went to investigate.
"I didn't think much of it," he said. "Next thing I heard was shots."
He said he jumped out of his chair and ran outside, bumping into his wife, who told him Newcomer had just shot Wintermyer.
'What did you do?': "I said, 'Call 911,'" Lonnie Ginter recalled. "(Then) I ran straight across the street to see what was going on."
Wintermyer appeared dead, he said, and Newcomer was standing next to his pickup truck.
"I said, 'What the hell did you do now?'" he recalled. "Lee said (Wintermyer) was going for his pocket."
Lonnie Ginter testified that's when his wife spoke up, saying she saw the shooting and that Wintermyer wasn't reaching for his pockets.
-- Staff writer Liz Evans Scolforo can also be reached at email@example.com.