Suspect arraigned in case involving murder of elderly Sullivan woman

Times Herald-Record (Middletown, NY)

Oct. 02--The man accused of killing his elderly neighbor last week in the Town of Delaware was arraigned Friday morning at Orange Regional Medical Center in the Town of Wallkill, Sullivan County District Attorney James Farrell said.

Toby Jay Smith, 44, was ordered held without bail by Orange County Supreme Court Judge Elaine Slobod, according to Farrell.

Smith was then released from the hospital to the custody of the Sullivan County Sheriff and taken to the county jail.

Smith faces two counts of second-degree murder, a count of first-degree burglary and a count of second-degree assault, all felonies.

Farrell again declined to say how Smith ended up in the hospital for more than three days.

On Monday, Farrell cited the Health Insurance Portability and Accountability Act of 1996 as to why he can't comment.

Smith is charged with killing Lorraine Gempler, 83, at her Swiss Hill Road North home during a burglary on Sept. 24.

Gempler had returned to her home, where she was attacked by Smith, who was already inside the house, Farrell said.

Smith struck her in the head with a blunt object multiple times, according to a criminal complaint filed in Town of Delaware Court.

She later died from her injuries at Catskill Regional Medical Center in Harris.

A friend of Gempler and a neighbor were alerted to what was happening. They found Smith in the driveway after he left the house and detained him until a county sheriff's deputy arrived, Farrell said.

Smith injured one of the people detaining him, Farrell said.

According to the criminal complaint for the felony assault charge, Smith struck a man identified as David Slater in the face with a blunt object.

In April 1995, Smith, then 21 and living in Pennsylvania, rammed three police cars during a high-speed chase that started in Monticello and ended in the Town of Cochecton, police said at the time.

Monticello officers had charged Smith with second-degree criminal mischief and two counts of first-degree reckless endangerment, felonies; driving while intoxicated, driving while ability impaired by drugs, reckless driving and driving with a suspended license, all misdemeanors; and several traffic violations.

He spent a year in the county jail for the chase, according to Sullivan County Undersheriff Eric Chaboty.

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