By Associated Press - Tuesday, May 26, 2020

SIOUX CITY, Iowa (AP) - A 45-year-old Carroll man is scheduled to go on trial for murder in the death of a Sioux City man whose home he was reportedly trying to burglarize.

Gary Dains Jr. has been jailed since last summer on charges of burglarizing the home of Paul Smith, 65, in July.

Dains pleaded not guilty last week to first-degree murder and three other charges in Smith’s death. He is being held on $1 million bond. On Tuesday, a murder trial was scheduled for Oct. 27.

According to court records, Dains told investigators he had previously stolen items from Smith’s home before he returned to the house in July. A fight broke out when Dains told Smith to leave, The Sioux City Journal reported.

Dains told police Smith fell to the floor but was breathing when he left with $120 in cash and Smith’s Ford Explorer, according to the complaint.

An autopsy found Smith died from blunt-force injuries and ruled his death a homicide.

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