ST. LOUIS – Darin Schmidt was convicted after three people testified that Schmidt confessed to them that he killed David Bewig Jr. But a follow-up question from the prosecutor at trial about that confession led an appeals court to throw out the case.
That question drew no objection at trial: “Did you believe he was telling you the truth?”
David Bewig fears a killer could soon walk free. His son, a music producer, was shot and killed in 2016 while sitting in his car on near Etzel and Belt in north St. Louis. David Bewig Jr. was 31.
“He held his nephew one time, and he was gone!” Bewig said.
Schmidt, now 37, was convicted in 2019 under former St. Louis Circuit Attorney Kim Gardner. An appeals court affirmed that the, “…defendant’s extrajudicial statements that he shot and killed the victim were admissible because they were corroborated by independent proof…”
But the appeals court opted to toss the conviction, adding, “It was, however, plain error to allow the state’s witnesses, who heard defendant make those statements, to testify that they believed the statements were true.”
“Sure, they felt it was the truth,” Bewig said, “…and I don’t think that had no bearing on the, you know, case at all with the jurors.”
Now, Bewig says those witnesses are not responding to prosecutors anymore.
“Someone was reached and said something or another that we’re not going to deal with this and more or less blew it off,” he said. “I don’t think they understand that he’s got an appeal and trial date. If these witnesses don’t show up and stand up to what they’ve already done, then he’s going to be out and free.”
Bewig says there’s a possible manslaughter plea deal on the table, as an alternative to trial without witnesses. That would make the defendant eligible for parole within about a year.
“Those witnesses need to come, and they need to do the right thing,” he said.
Time is running out with trial set for July 17 and a hearing this Thursday, in which Bewig says he was told there may be a plea deal.