SIOUX CITY -- A Carroll, Iowa, man jailed since last summer on charges of burglarizing a Sioux City home now faces trial for killing the home's owner.
Gary Dains Jr., 45, pleaded not guilty last week to first-degree murder, commission of a specified unlawful activity, second-degree theft and first-degree burglary.
District Judge Jeffrey Poulson on Tuesday scheduled trial for Oct. 27 in Woodbury County District Court. Dains is being held on a $1 million bond in the Woodbury County Jail.
Dains is accused of killing Paul Smith, 65, on July 16 during a fight after he broke into Smith's home at 314 20th St.
According to a complaint filed April 27, Dains told investigators he had walked in the back door of the home, which he said he had broken into and stolen items from before, and into the kitchen. Smith was making a sandwich and told Dains to get out.
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"He attacked me and I attacked him back," Dains told police, the complaint said.
Dains said he struck Smith in the face, knocking him to the floor. Dains told police Smith was breathing but not saying anything. Dains spent about 25 minutes in the home before leaving with $120 in cash and taking Smith's Ford Explorer, the complaint said.
An autopsy report ruled Smith's death a homicide, saying the cause of death was blunt-force injuries to the head and neck. Strangulation also was a "probable component," the report said.
Police found Smith's body after responding to a call from Dains' estranged wife, who rented another room in Smith's building and said she was worried because she hadn't seen him for a while and witnessed Dains driving Smith's vehicle earlier that morning.
Smith's Explorer was located later that night in the possession of two women, one of whom told police a man "with injuries to his head" had given it to her in return for her kindness to him. Police found Dains and arrested him on July 17 on a warrant out of Tennessee, where he was wanted for stealing a car, and he was charged with a July 8 burglary from Smith's home in which $3,000 in coins, jewelry and tools were stolen.
Police investigating the burglary learned that Dains had pawned some of the items for $47. Dains told police he stole and sold the items to buy methamphetamine, court documents said.
Dains said he had come to Sioux City from Tennessee a few weeks earlier and had stayed at the 20th Street house with his estranged wife, who he said kicked him out after he started using meth. He told police he was in Smith's residence the day of his death to steal more items so he could buy more meth, court documents said.
Dains remained in custody for the July 8 burglary while police continued to investigate Smith's death. Sioux City community policing Sgt. Jeremy McClure said the case was referred to the Woodbury County Attorney's Office once forensic evidence and medical reports, which can take several weeks to complete, were received.
Dains has pleaded not guilty to the July 8 burglary and is scheduled to stand trial in July.