Two individuals, who are accused of killing a man in 2021 in Butler, saw homicide charges advance to Butler County Common Pleas Court on Monday, June 26.

Hassan L.R. Brack, 36, and Brooke R. Fair Smith, 30, both of Butler, were charged in the death of Hakeem Moran, 31, of Pittsburgh, in May 2023 — nearly two years after the homicide.

They appeared Monday, June 26, for preliminary hearings before District Judge William Fullerton.

Despite numerous objections from both defendants’ attorneys, Fullerton said the commonwealth had met its burden of proof and charges were held over.

Brack and Fair Smith face felonies criminal homicide, attempted homicide and burglary. Fair Smith was additionally charged with a count of felony burglary.

On Dec. 5, 2021, police responded to a fight at 109 College St. where gunshots were fired. Moran was found laying in the yard at 112 College St. when first responders arrived. A large amount of suspected crack cocaine, cash and marijuana was also found in the grass, according to documents.

Moran was taken to Butler Memorial Hospital with multiple stab wounds and a gunshot wound. According to police, he died from his injuries later that night at a Pittsburgh hospital. His death was ruled a homicide.

Robert Zanella, assistant district attorney, called two witnesses to testify Monday. The first was Chad Rensel, a lieutenant with Butler City police and the investigating officer on the case.

During his investigation, Rensel said he interviewed three residents at 109 College St., and spoke with Fair Smith on Dec. 9, 2021.

A recording of Fair Smith’s interview was shown to the court. During the interview, Fair Smith told Rensel that she was at the College Street address before the shooting, and that a large amount of drugs and cash were inside.

She also said she saw Brack and another individual walking near the residence.

Fair Smith said she left 109 College St. and went to the nearby gas station. Upon leaving the gas station, she said she noted police cars around and then went to her mother’s.

Surveillance footage from Cammisa’s Autobody, which is near College street, was shown in court, and Rensel said he identified Fair Smith leaving the residence while two men entered.

Rensel said another connection was made to Brack when keys to a Chrysler Pacifica were found at the scene on Dec. 6, 2021. The car was known to belong to Brack by state police, and surveillance footage showed him entering the vehicle on the day of the homicide.

Surveillance footage also showed the silver Pacifica arriving on College Street shortly before the incident, Rensel said, and DNA also connected Brack to the vehicle.

Zanella then produced phone messages between Brack and Fair Smith, which Rensel testified were from Brack’s phone. The phone had been searched by the FBI after they became involved in the case.

These messages showed that a person called “Brooklyn” shared the 109 College St. location and described Moran. “Brooklyn” then instructed Brack, “Soon as I say ‘I love you’ head towards door cuz I’m heading out then,” documents showed.

Rensel testified that he believed “Brooklyn” referred to Fair Smith, but defense raised numerous objections to the validity of the messages.

Rebecca Black, Brack’s attorney, said with the lack of names and numbers on the document, there was no way to connect her client to the messages.

She and Fair Smith’s attorney, Joel Hills, added that without the testimony of the FBI agent who analyzed the phone, there was no way to corroborate the information.

“I don’t understand how these can be given to the court with no background,” Black said.

Black also objected to Rensel testifying about DNA evidence from state police, saying Rensel did not process or analyze the data and could not testify to it.

The report detailed results of DNA found on a folding knife containing Moran’s blood, Rensel said. Fair Smith’s DNA was found on the handle of a knife, which was abandoned on Linden Street, which corners College Street.

DNA in the Chrysler Pacifica was also tested, and Rensel said it was a match for Brack.

Following Black’s initial objection, Fullerton said that most of the testimony he heard was hearsay.

“Everything (Rensel) has is what other people have told him,” he said.

In later questioning, Rensel said he identified Brack by a limp. He said Brack is seen limping in surveillance footage from his residence Dec. 5, as well as in later surveillance footage following the homicide.

During cross examination, Black asked if Rensel identified by her client by anything other than a limp. Rensel said he did not.

Rensel also said no residents at 109 College St. named Brack as one of the men in the house that night, and that Fair Smith was the only one who did.

Through a series of questions, Rensel also confirmed there was no DNA linking Brack to Moran’s body or the College Street address.

Hills later asked Rensel if there was any indication that Fair Smith was present for the shooting itself, to which Rensel said he didn’t believe she was.

Hills also brought up messages Fair Smith allegedly sent to Brack, which said the two would, “get this money and run up this bag,” before going their separate ways.

When Hills asked Rensel if there was any mention of robbery, Rensel said there was not.

“They could be talking about anything, right?” Hills said.

The second witness was Paul Wolf, resident of 109 College St. He testified that he heard commotion in the kitchen on Dec. 5, 2021, and opened his bedroom door to see a man cowering in a corner.

“He was like, ‘No, no, don’t, don’t,’ and he got shot. I backed into my room and closed the door. I was going to wait ‘til it quieted down to help the guy. Then the guy in the corner was gone and everybody was gone,” he said.

Wolf said during cross examination that he didn’t see who the two individuals were who entered the house that night, nor could he identify Brack or Fair Smith.

During final argument, Black and Hills said the commonwealth did not meet its burden, due to the use of hearsay.

“Nothing about the investigating officer’s testimony is corroborated by (Wolf) … The commonwealth needs to have more,” Black said.

“My client’s name is not Brooklyn,” Hills said, referring to the contact information on the text messages. “There is no evidence that’s not hearsay.”

Zanella countered the arguments, saying the surveillance footage clearly places Fair Smith at the College Street residence, and that the presented text messages identify the victim and the house.

“For this to be a series of coincidences would be one of the largest coincidences ever seen,” he said.

Fullerton agreed that the total evidence was admissible to move the charges forward.

“From the text messages, we can see there was intent to commit a crime therein. Whether or not it was a successful burglary doesn’t matter. I think, in it’s totality, there’s sufficient evidence to hold it for court,” he said.