Tenant racked up complaints of threats, dog bites before killing apartment worker: warrant

In his five months as a tenant in an apartment at The Marq on West 7th, Devin Smith collected a series of complaints.

Harassment, threats, drug use and loud music were among the problems that the apartment building’s management recounted when it began an effort to evict him.

Rather than proceed with the formal, forced departure, Smith agreed to move out. As his time at the building in the Monticello section of Fort Worth was ending, the 29-year-old tenant’s dog bit two people over three days, according to a summary of homicide detectives’ interview of a Marq employee that is contained in an arrest warrant affidavit supporting Smith’s arrest on suspicion of murder.

The bites were reported to the police, and on April 21, Smith returned home in the early evening and found on his door a notice left by the animal control division of the city code compliance department. He went to the building’s office and tried to speak with a leasing agent.

The agent told Smith she did not want to talk to him and was going to call the police. The agent was scared of Smith’s behavior and locked herself in a bathroom, Fort Worth Police Department Detective Joey McAnally wrote in the affidavit.

Smith was standing outside the bathroom door when Carlos Aybar, a maintenance worker at the building, arrived. From her position in the bathroom, the leasing agent believed Aybar was making progress getting Smith to leave and she opened the door. She saw Smith shoot Aybar and again locked herself in the room, she told police.

In an interview with McAnally and Detective Paul Vega, Smith said Aybar twice pushed him in an attempt to get him to leave the office, according to the affidavit. Aybar did not have anything in his hands and did not threaten Smith.

Smith used a handgun, a Springfield Hellcat, that had been in his left pocket to shoot Aybar in the torso, he said in the interview, according to the affidavit.

Aybar fell.

When Aybar reached with his arm from the ground, Smith continued to shoot Aybar and moved his aim to the 30-year-old man’s head, McAnally wrote in the affidavit.

Smith walked past the maintenance worker and went with the gun to Smith’s apartment. Officers detained him there.

Smith was arrested on suspicion of murder, charged with that offense on April 24 and released on April 27 on a $150,000 bond. The bond conditions require that his location be monitored by GPS and he be confined to a residence, though not at his former apartment. Smith was ordered to have no contact with The Marq.

In the warrant affidavit, McAnally described the scene when she arrived.

There were multiple fired cartridges on the office floor.

Aybar’s body was surrounded by blood.