Trial in fatal carjacking case continued again

A high profile, first-degree murder case that was scheduled to go to trial this week will again be delayed, in order to give the defendant’s new attorney time to get up to speed with the case.

Last week, a visibly frustrated Common Pleas Judge Patrick Carmody reluctantly granted another continuance in the case of Hakeem Smith, who is accused in the 2018 death of a Lancaster County man whose SUV he allegedly carjacked.

Attorney Brian McCarthy of West Whiteland was appointed

to represent Smith on Feb. 4, after Smith’s former attorneys from the Chester County Public Defender’s Office, Anna Frederick and David Miller, were allowed to withdraw from the case.

Carmody said he would give McCarthy, who is a court-appointed conflict counsel for indigent clients such as Smith, the opportunity to work with the prosecution, led by Senior Deputy District Attorney Carlos Barraza, to choose a new date to begin the trial. But he warned that whatever date the two men chose would be the final time the case is relisted for trial.

“I am tired of playing games in this case,” said Carmody, noting that it had been listed for trial 18 times since Smith was arrested more than two years ago, and on three occasions, attorneys for both sides had been attached for trial only to have the matter fall apart before jury selection.

“Justice delayed is justice denied,” Carmody said. “I have bent over backwards to get this tried as quickly as possible,” yet was forced to continue it because of requests by the defense. “Once we pick a date, we will be trying this case as

soon as we can.”

When Smith attempted to explain that his previous attorneys had asked for continuances without his permission or knowledge, Carmody cut him off.

“I want you to get your day in court as soon as possible. But where I am at, I don’t want to hear anymore.”

McCarthy said he would try to get up to speed on the case as soon as he could and work with Barraza to find a date to begin the trial.

Barraza stressed to Carmody that he had been, and is still, ready to begin trial. Jury selection was set to begin Tuesday.

Chester County Public Defender Nathan Schenker declined to comment on why his office had withdrawn from the case. An order removing the office from representing Smith was signed by Judge David Bortner on Feb. 3.

Smith, 32, of Oxford, is charged with first, second and third-degree murder, robbery, theft, and illegal possession of a firearm in the Sept. 13, 2018 slaying of single parent Sam Algarin, 31, of Quarryville in Lancaster County, who worked at an Oxford area car dealership for many years.

Algarin had attended a martial arts class with his mother and two sons the night his death, and then had bought pizza for dinner

before being dropped off at a Starbucks on Limestone Road outside the borough, where he had left his car after work.

According to authorities at the time, after being dropped off at his car, Algarin planned to meet up with his mom and sons at his mother’s house for a late dinner, but he never made it. A short time after he was dropped off at his vehicle, Smith was reportedly seen on surveillance video driving Algarin’s GMC Terrain on video.

Algarin’s lifeless body was found on the side of Limestone Road in West Fallowfield at about 11:25 p.m. Investigators said he died of a single gunshot wound to his chest. His vehicle, wallet, and phone were all missing.

The discovery of Algarin’s body triggered an intensive, around-the-clock, multi-day investigation by the Chester County Detectives, West Fallowfield Police, and multiple assisting agencies.

Police said they eventually found video of Smith with Algarin’s vehicle, minutes after the murder. Police reportedly found Smith’s palm print on the abandoned vehicle and fingerprint on the victim’s phone, which was discarded in a field along a road approximately two miles from where the victim’s body was located.

Police checked video in surrounding businesses and after reviewing hours of recordings, they located video from a Turkey Hill store that recorded Smith showing up at the store at 9:46 p.m. on the night of the homicide in the car he had allegedly stolen. Investigators said this was minutes after the victim’s mother dropped off the victim at the Starbucks.

Investigators said the video showed Smith was unfamiliar with the vehicle, not realizing what side the gas tank was on and unsure of how to open the gas tank. He purchased $8 worth of gasoline and a phone charger, according to investigators.

Police recovered the victim’s vehicle in Westtown three days later. The vehicle had been abandoned and intentionally wiped down, but police located blood on the driver’s seat and driver’s seat belt harness, according to the DA’s office. Police also reportedly found Smith’s palm print on one of the door windows.

Smith was spotted on Sept. 18 on the street by a West Chester police officer in the borough. Smith fled into a nearby residence, but later surrendered to the West Chester SWAT team and was taken into custody.