Miamisburg man gets 36 years to life for shooting man twice in head, stealing belongings

Montgomery County Common Pleas Courtroom. JIM NOELKER/STAFF FILE

Credit: JIM NOELKER

Credit: JIM NOELKER

Montgomery County Common Pleas Courtroom. JIM NOELKER/STAFF FILE

A man will spend 36 years to life in prison for shooting a Miamisburg man twice in the head in April 2022 and stealing items from his home.

Tony Lee Smith Jr., 29 of Miamisburg was sentenced Tuesday by Montgomery County Common Pleas Judge Susan Solle after a jury last month convicted him of aggravated murder, murder, aggravated robbery, aggravated burglary and felonious assault, each with firearm specifications that added time at sentencing, plus tampering with evidence.

Tony Smith Jr.

Credit: Montgomery County Jail

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Credit: Montgomery County Jail

The victim was identified as 28-year-old Dylan Judd.

Miamisburg police responded shortly after 12:30 p.m. April 6, 2022, to the 1100 block of East Pearl Street after Judd’s girlfriend called for help.

“He’s got a gash on his head, he’s bleeding,” she said in a 911 call. “I don’t think he’s breathing.”

When officers arrived, they found Judd had been shot and was lying in a pool of blood, according to the Montgomery County Prosecutor’s Office. He was pronounced dead at the scene.

Smith was identified as a suspect through surveillance footage from nearby residences. He was apprehended the following day when police were canvassing East Central Avenue in Miamisburg for evidence in the deadly shooting.

Smith was found with a backpack that matched the one seen on video that contained items from Judd’s house, including an Xbox game system with the same serial number recorded on a past pawn receipt, according to an affidavit filed in Miamisburg Municipal Court.

“There was also evidence of suspected blood inside the bookbag and on some of the contents,” the court document stated.

During questioning, Smith admitted he was the person on surveillance video and that he was inside the house for an hour. He told police he was let out by Judd and that he left through the back door, according to the court record, but he denied stealing items or that he killed Judd.

Prosecutors said Smith has shown no remorse and deserved life without parole or at least a term of 61 to 66½ years to life for shooting Judd in the forehead, which was not fatal, and then at close range in the back of the head, according to a sentencing memorandum.

While Judd was on the floor dying, Smith gathered the victim’s belongings, including drugs, cash, an Xbox, a smoking device as well as Judd’s handgun and cellphone.

He left the Miamisburg area on an RTA bus to the RTA hub in downtown Dayton, where he bought new clothing. He left a plastic shopping bag with the original clothing at the hub. He also destroyed the victim’s cellphone and disposed of the firearm, documents stated.

“Defendant’s actions have demonstrated that he is violent, manipulative and calculating. In this case, the death was not just the proximate result of another action — it was his purpose. That is why he shot a second time at the back of Dylan’s head at close range,” the record stated.

Smith remains held in the Montgomery County Jail awaiting transport into the custody of the Ohio Department of Rehabilitation & Correction.

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