Man charged with Martin Byerly killing set for trial Monday

Jury selection is scheduled for Monday in the capital murder trial of a man accused of killing another man in a motel room and leaving his body near a deer lease in Jasper County.

Eric Wade Smith, 36, is charged with capital murder in the death of Martin Byerly, 58.

The Jasper County District Attorney's Office isn't seeking the death penalty.  If convicted, Smith would receive a life sentence.

Byerly was last seen leaving Jake's Place, a tavern on South Wheeler Street in Jasper, on September 28, 2007.

Investigators say Smith stabbed and killed Byerly that night inside a room at the Tri-A-Nite Motel on North Wheeler Street in Jasper. 

His 1990 Chevrolet truck was found the next day near the Payless shoe store on West Gibson Street in Jasper. The keys were still in the ignition and a cell phone was nearby.  Byerly's empty wallet was also in the truck.  Investigators say they found blood inside the truck.  They say DNA testing showed the blood was Byerly's.

Byerly's skeletal remains were found June 8, 2008 near a deer lease off Highway 96 about five miles north of Jasper.

Eric Smith was arrested the same day at his Jasper home.  Investigators say Smith's father provided the tip that led to his son's arrest.

Investigators say Smith told them where to find the weapon he used in the killing.   They say Smith admitted killing Byerly.

During an interview with KFDM reporter Jennifer Heathcock in June 2008, Smith's wife said he acted in self defense.

Judge Jerome Owens will preside over the trial.  Jury selection is scheduled for 9 a.m. in Judge Owens' Jasper courtroom