(New) Booking Photos Released In Maryville Homicide

Posted 2 years ago

By John P Tretbar

Two Bethany men are being held under $100 thousand dollars bond in Nodaway County after an assault outside a bar early Friday in which the victim died.

Officials at Northwest Missouri State University identify the victim as 21 year-old Tomarken Smith, a senior studying pre-professional studies and coaching.

The Nodaway County Prosecuting Attorney Bob Rice on Friday filed charges of assault in the first degree and felony murder in second degree against Kevin Mooney, 31 and Tony Overlin, 23.  Formal arraignment is scheduled Tuesday, September 18.

Tomarken Smith

According to an affidavit of probable cause, Smith was assaulted at the intersection of North Market and Fourth streets shortly before 1:30am Friday. A detective says Mr. Smith was knocked to the sidewalk and lost consciousness.

He was taken to St Francis Hospital where he died about an hour later.

A police sergeant observed the pair running from Mr. Smith’s body after he was knocked to the sidewalk. Sergeant Smail says he recognized the two men as the same ones involved in an altercation with Mr. Smith inside Molly’s bar at about 1:05 a.m.


  • KATE

    WHAT IS WRONG WITH THESE TWO? WHAT DID THIS KID DO TO DESERVE GETTING BEAT TO DEATH? DID HE BURN AN AMERICAN FLAG? DID HE KILL ANYONE? MOLEST ANYONE? NOPE. HE WAS IN A RED NECK BAR IN NW MISSOURI AND TWO IDIOTS TOOK IT UPON THEMSELVES TO SET OUR COUNTRY BACK ABOUT 50 YEARS WITH THEIR IGNORANT HATE AND SELF IMPORTANCE. PRAYERS TO MR SMITHS SOUL AND HIS FAMILY, ESPECIALLY HIS MOTHER. GOD HAVE MERCY ON THEIR SOULS, BECAUSE THEY ARE GOING TO NEED IT.

    Current score: 25
    • LKP

      Hey Kate…were you there? Did you see what happened?

      Current score: 14
    • C

      Actually the bar where it happened is a hip hop bar. Further, how do you know it was racially motivated? — If two black guys beat up a white guy are they racist?

      Current score: 10
    • KA

      KATE,
      WHY PEOPLE ASSUME????????????
      i agree with LKP, Was u there? NO Did you see it? NO…. People Assume to much in this country already. LETS get facts Straight…. There is 3 bars on that Square and the One they are referring to in NOT a redneck BAR, And This doesn’t set our country back any farther than the Political Idiots running this country, DON’T make this a RACIAL Situation.
      Prayers to the Families on both Parts

      Current score: 14
      • Tyrone Bates, Jr.

        Racism has to do not only with the belief that one race is superior than another but also a balance of power. So, if a persons racist behavior will cause them to have limited access to jobs, wealth and access to the resources around them, then they can be considered a RACIST. Men and women of African decent (black,for those of you who believe the world is a box of crayons) cannot be racist bc their behaviors do not impact another groups power or access. This crime was unfortunate, race related or not, it’s a symptom of a much deeper issue that needs to be addressed in America. Ignoring the fact that a sizable amount of Caucasian Americans believe that blacks should be ruled over and Are outside of the grace of God, does nothing but allows these sentiments to grow deeper roots into American soil. My brothers and sisters of African Decent, we have to sharpen our social, political, spiritual, economical, and community conscious if we hope to see a different tomorrow.

        Current score: 3
        • C

          Tyrone– That sort of attitude is what draws the colored lines. People with attitudes like that should take a good look at the nasty face of racism. Because it is that attitude there that allows it to live. I assume (with out meeting you) that you are of no more African Decent than I am of English decent. You are a Black American. I am not saying any more about that I want people to be proud of who they are and I want everyone to be treated equal. That goes all ways.

          Current score: 4
          • Brian

            Tyrone you’re are a very sad individual. Just the fact that you stated that blacks can’t be racist voids every letter you typed. Stop blaming everyone else and take some responsibility.

            Current score: 4
    • http://here tara

      Um the hick bar is next door to the bar this man and those @$$holes were in. I am just saying, and there is a good mix in race in the bar most of the time, especially when college is in session. But not matter how you look at it, they took the life of someones child. No mother should ever have to attend their childs funeral. What pisses me off is this man came from St. Louis, a big city with a lot more crime than the ville will ever have. Our community should be safe compared to where he was from. I mean he prolly never thought anything like this would happen to anyone around here….those jerks need to be punished, but until you know the whys don’t just assume they are racist. I am not ruling that out either though.l But if they were racists they picked the wrong bar to go into….they should have went to the one on depot for old men or the legion with the old men.
      Just sayn

      Current score: 1
      • C

        Sooo you are saying that the Legion and Murphy’s are for racist old men? Just FYI the Legion is a Veteran Bar WTG you are ignorant!

        Current score: 0
    • mike

      molly’s is not a redneck bar i am from maryville u want a redneck bar go the next bar over, so dont play that crap.

      Current score: 0
    • Christine

      Kate,
      Your comment is ignorant by definition. You have no idea what you are talking about.

      Current score: 0
  • Traniece

    Can’t believe this. He was a really fun, loving person. Some people really need to stop the violence and get along. This is getting crazy. Can’t believe they took you away.

    Current score: 1
  • Rashad

    The puzzle piieces stiill wont fiit cause nuthiin is addiing up to me from what ive heard

    Current score: 1
    • Kaye

      Rashad, would you mind shedding a little light on the situations? What happened?

      Current score: 1
  • DDP

    He was defending some girls inside the bar from what I understand..These guys had a problem with him getting involved and this is what it turned into…..way to ruin a whole family’s life and throw your own life’s away. If true, he died for doing what a man is supposed to do and stand up for those who can’t stand up for themselves. we need more people like him in this world….

    Current score: 28
    • C

      Sooo what you are saying is that it wasn’t racially motivated? wow Kate was WAY OFF

      Current score: 1
  • jodi mona

    of course theyre rednecks and its racially motivated in part. Look at them!

    Current score: 2
    • Brian

      Jodi you are coming across as a racist. You can tell from a photo that they are racist? They look like two white males. It’s people like you Jodi that Push along racial stereotypes.

      Current score: 11
      • jodi mona

        if it walks like a duck and quacks like a duck, probably….why are u so defensive? they beat a kid to death! for chissakes. i’m sure they’re good upstanding young men…

        Current score: 2
        • Brian

          Jodi you’re missing the point. You can not tell that they are rednecks or if it was racially motivated. They may have just been two drunk idiots that where mad because Mr. Smith stood up to them. It’s sad when people just make assumptions. It almost seems like some of you want it to be a race issue.

          Current score: 13
    • Edward L cox

      Listen to yourself Your the racist plus your ugly which means you should put a bag over your head in public and get fixed so you don’t have mixed race babies that welfare will be paying for. Look at yourself first then hide your face with a bag

      Current score: 0
    • C

      So you can look at someone and judge them? — must be a deity of sorts! Maybe you should post a picture of yourself and let us all judge you.

      Current score: 2
    • mike

      jodi i’m redneck does that mean i’m racist no, so stop playing the damn race card

      Current score: 3
    • B

      Jodi, I happen to know Kevin and I assure you he is not racist AT ALL! Do I think what he did is awful and disgraceful? Of course! This man can never have his life back and tragic is not deep enough to cover the anguish of this story. But please do not make assumptions. These men do deserve what comes their way but they do not deserve your flippant remark. Do you know them personally? Because I would like for you to explain how they “walk and quack like ducks”? Do you think that for one second they thought their fight would end in the death of an innocent man? No. Otherwise this would have never happened. I hope for any healing this family can have…losing a friend or family member is an impossible wound to heal. I’m not asking to get attacked here but I am ashamed that this turned into a racial conversation.

      Current score: 0
  • JJS

    How does anyone know they are rednecks off of a picture in an orange jump suit? Or that it was racially motivated? How many rednecks have a tattoo on their neck? I looked at both of their Facebook profiles. Neither of them seem to fit the stereotype of a redneck. Also, Molly’s really isn’t a Redneck bar is it? I am not saying it wasn’t racially motivated, because I don’t know… BUT for people acting like they know just off of a picture is pure ignorance. What happened is pure bull sh*t, and if these two are guilty they should be beat to death. RIP Mr. Smith

    Current score: 5
  • Brian

    Prayers to the Smith family…

    Current score: 7
  • CBF

    This story breaks my heart. I am a 24 year old woman that is familar with the bar scene in Maryville and I’m not saying that this is a racial situation but I don’t think it is obsured for people to think that it possibly could be. Bottom line is no matter where this happened an innocent life was taken because of pure ignorance. So as far as I’m concerned these two men deserve no respect whatsoever. If someone wants to call them a redneck then do it.

    Current score: 7
    • GHJ

      What is wrong with being a redneck?

      Current score: 3
    • C

      DUDE it was a BAR FIGHT. Ive been in plenty read the news paper all the cops agree that 9 out of 10 times people dust themselves off and go home this was a tragedy that is it wish people would stop reading into. From what I understand of Mr. Smith this is not how he would like to be honored you all should be assamed of yourselves!

      Current score: 3
  • TLF

    My prayers go out to all the families of all individuals. Plus Kevin Mooney is nowhere near a redneck, plus I dislike the fact that people from Northwest Missouri receive that label.

    Current score: 4
  • Lisa

    Enough already! Does it really matter at this
    point what those two thought or why they did
    it? The only thing that matters now is that
    they are held accountable! I don’t see why anyone
    wants to speculate who they were — that parts
    simple .. they are 2 pieces of crap who murdered
    someone who was good and will be missed.

    Current score: 5
    • CG

      Nicely put Lisa. Prayers to all involved. What a senseless tragedy!!!!

      Current score: 0
  • Lisa

    Enough already! Does it really matter at this
    point what those two thought or why they did
    it? The only thing that matters now is that
    they are held accountable! I don’t see why anyone
    wants to speculate who they were — that parts
    simple .. they are 2 low lifes who murdered
    someone who was good and will be missed.

    Current score: 0
  • Lisa

    Enough already! Does it really matter at this
    point what those two thought or why they did
    it? The only thing that matters now is that
    they are held accountable! I don’t see why anyone
    wants to speculate who they were — that parts
    simple .. they are 2 low lifes who took the life of
    someone who was good and will be missed.

    Current score: 1
    • SHELLBELL

      Thank you lisa, the bantering back and forth is not worth the typing. Who cares what kind of bar it was, or if there racist, its a tragity no matter what!!! I think praying is what needs to be done not only for the family but for the individual who did this. God will take over from here on the 2 men that did this, all i can say is yo have to put it in gods hands now.

      Current score: 0
  • Lisa

    Enough already! Does it really matter at this
    point what those two thought or why they did
    it? The only thing that matters now is that
    they are held accountable! I don’t see why anyone
    wants to speculate who they are that parts
    simple .. they are low lifes who took the life of
    someone who was good and will be missed.

    Current score: 0
    • C

      -1 lisa

      Current score: 0
  • Lisa

    Enough already! Does it really matter at this
    point what those two thought or why they did
    it? The only thing that matters now is that
    they are held accountable! I don’t see why anyone
    wants to speculate who they are that parts
    simple .. they took the life of
    someone who was good and will be missed.

    Current score: 1
  • Lisa

    Enough already! Does it really matter at this
    point what those two thought or why they did
    it? The only thing that matters now is that
    they are held accountable! I don’t see why anyone
    wants to speculate about them that parts
    simple .. they took the life of
    someone who was good and will be missed.

    Current score: 3
  • James

    You assume that because they are white and he is black that it was racist. Thats pathetic. They were all drunk and no one really knows what happened. He could have been mouthing off or starting the fight himself and it turned into this. That is the problem with the world today. You see someone die yet they are the victim regardless of the events leading up to the outcome. Not to mention neither one of those boys were ever in trouble with the law. Smith was.

    Current score: 7
    • Leanne

      James, you need to investigate a bit further before stating that “neither one of those boys were ever in trouble with the law”. ;)

      Current score: 0
  • T

    you’re all dumb.

    Current score: 2
    • C

      +1

      Current score: 0
  • http://here tara

    Ya know, it might have be a racial thing, or hey it’s a bar…the victim could have accidently bumped into one of these men, and if they were intoxicated they overreated, or maybe they got kicked out of the bar for starting something with the victim and were still pissed. I mean if they were drunk, they thought they were superman and going to take care of it and teach the kid a lesson…or maybe they knew him somehow and didn’t like the guy. Or they were just complete idoits with to respect for another humans life. The reasons behind it don’t really matter, what matters is they took someone’s child away from them for a very stupid reason. Judging by the charges (murder in the first degree) they had intent to kill this poor kid. Either they had training, or hit him in the “right” spot knowing it would cause death. Or someone heard them say the were going to kill him. There are so many possibilites. However I must agree, that is a hiphop bar, the hick bar is next door…actually this bar is the budget bar…you don’t pay by drink, you pay to get in and drink all you want on certain shelves. so more than likely those two jerks were trashed. The worst part is, they prolly didn’t mean to kill this kid, but the fact is, they did…and now they need to be punished. and if it is racial, well then I hope when they are sent to prison they are kept away from everyone of their own race with a sign around their neck that says racist. sorry human life is not theirs for the taking.

    Current score: 3
    • C

      WOW +1 Tara….. It was a bar fight and most likely an accident. Im not minimzing what happened but I don’t know many people that havn’t got into at least 1 fight in their life and what if the accident happened to them?

      Current score: 2
  • Richard W. Dahms

    Mu olde Indian Grandfather always said that “nothing good every happens after midnight” and he was right again.

    Current score: 6
  • Patrick

    Tonight I will say a prayer for the victim, his family and friends and for the community. I pray for comfort, for eventual forgiveness and for comming together as a community to survive this tragety. I am not a highly religious man, but I will allow these men to be judged first by a jury of their peers, and one day by God himself.

    Current score: 9
    • t

      Well said Patrick, We also need to remember the two young men and their families, because more than one family is suffering because of this tradgedy. May God give comfort to all in need.

      Current score: 0
  • concerned citizen

    all one can do is send their condolences to the smith family and take steps to ensure their loved ones are not involved in acts of violence such as this, you people make me sick bickering over stupidity and making this a racial issue when someone was just murdered over senseless violence

    Current score: 6
  • Katt

    Everyone needs to take a step back and realize, regardless of what the situation was or who was fighting with who and for what reason, these two men still technically murdered Tomarken. If someone is in a car wreck, driving wrecklessly or drunk, and kill someone they still get charged with their act, correct? Yes, they 9 times out of 10 do. So, that being said, these two should be greatly punished for what they have done, with Tony being a professional fighter, he knows the rules and regulations to doing that, he isnt aloud to fight on the street in no way shape or form. If they were kicked out of the bar for causing problems with Tomarken already, why not leave him alone. Why did they feel the need to escalate things outside after the officers had already told them to leave the area. They were in the wrong. Prayers need to go out to Tomarkens family for their loss, they thought their family member was attending a nice community that was safe, and should of potentially been more safe than st louis, but apparently it isnt, and if the violence in the bars cannot be controlled in Maryville and is causing college students to lose their lives, then maybe the college should be relocated.

    Current score: 2
  • Katt

    & question this: Since when isnt the bars packed with police on that block? Why this one time was these two men aloud to wait outside for Tomarken and even have the chance to get a hit in and kill him, where were the people who were supposed to be protecting citizens from intoxicated people? This one time, no one was around to pay anough attention, or they didnt care enough to pay attention? Which would it be? & regardless if this was racial or not, think about what these two white males were probably saying or thinking while they were doing this? More than likely, not nice things.

    Current score: 1
  • veebee

    To James……………..you state neither has been in trouble with the law before but you need to look at case.net as tony overlin has been. Also, look at the charges, there were also drugs involved in those charges. They were not upstanding young men.

    Current score: 3
  • RobbieB

    Seriously people. A man was killed. The drinking and bars in Maryville as well as the mindset of a large portion of the people there need to be looked at. When I went to college there, a young woman was raped, murdered, and thrown off a bridge. This kind of thing happens far too frequently in this community. January 9th two teenage girls were raped and charges dropped. Alcohol was provided to them by older boys. Something has to change in this area and it needs to start with the judgmental “protect our own at all costs” mentality.

    Current score: 0
  • dm

    Just to say i knew all three involved… kevin from kc worked in bethany….tony from bethany worked for kevin…. neither raciest in any form they had plenty friends of all races trust me.. as for tomarken its sad to say wrong place wrong time… deeply sorry to see u go and all prayers go out to u and ur family u will be missed by all!! All parties in this case were well intoxicated!! Y kevin and tony stayed around no one knows maybe something said, maybe because they got kicked out and he didnt …one can only guess as for all saying race did this step back and take a look around maybe u r the racist of the group for even being so damn stupid to take it that far! 9 out of 10 didnt even know them but u sure have alot to add…thats bs! It was a bar fight this happens all around the world not just maryville!!!! Yes they should be punished big for what they did but think hard how many of u have been in fights, how offten is a fight one sided and how many of u think fighting someone is going to kill them…0 is the answer! It was a Stupid bar fight that ended all three lives in seconds by accident not a raceist issue or a maryville on going problem but a fing laps of judgement people! all of us make them… just pray for all there families and stop thinking u know what its all about we never will its sad

    Current score: 3
  • ssz

    dm – well said. I am a very close friend of Kevin’s and know the situation well. Frankly, anyone who doesn’t know those involved should shut the hell up. You have nothing of consequence to say. Kevin is – and always has been – a kind man of great character. Race was a complete non-issue. The media has made it out to be something that it is not. No one “waited” outside for Tomarken. It was wrong place, wrong time, heated tempers out of control with one throw, perhaps two at the maximum, thrown. It was not a “beating.” The only intent was that of anyone who gets in an intoxicated brawl – a good ass whoopin, and hope you don’t get yours whooped in the process. Those being prosecuted are as devastated as I’m sure Tomarken’s family is. The young man, who seems to be a wonderful kid, did not deserve this. Neither will putting away two young men for life bring Tomarken back, nor make the boys any more repentant or devastated than they already are. This was not a brutal murder. It was an intoxicated bar fight that ended in a freak accident. Kevin was married just two months ago. He has a sweet wife and a he is a loving husband. And Tomarken was a talented kid with a bright future ahead. Tragic for all. Don’t make the situation worse by opening your mouth to talk nonsense about a situation of which you are completely ignorant. Unless you were there or talked to someone involved, your opinion is about as valuable as the loud end of the braying jackass that is the biased media machine.

    Current score: 3
  • ssz

    Oh, and Tara – you might want to get your facts straight before you start writing about them. It’s second degree murder charges, not first, which, by it’s nature, includes accidental death. This very well could be reduced to manslaughter, given the circumstances. Research.

    Current score: 3
    • Kaley Overlin

      Ok I know some of you are defending my husband and some of you are not but whatever. But let’s not talk shot about two people you know nothing about.

      Current score: 1
  • DSS

    Why is it that the media seems to make the suspects out to be seriously hard criminals when they are not.
    I know one of the suspects and do not believe this was by far racial or intentional.
    I sure hope they suspects are able to get a fair trial.
    We love you TMO.

    Current score: 0
  • lisa

    Tony Overlin worked at Sonic in Maryville were Tomarken had worked. Did Tony know Tomarken? very sad

    Current score: 0
  • Kiwi

    Cant everyone just get along

    Current score: 0