MONTICELLO — After weeks of hearing testimony, Sullivan County Court Judge Michael F. McGuire has decided the case against accused killer Toby J. Smith, 45, of Kenoza Lake.

The courtroom was filled with friends and family of 83-year-old Lorraine Gempler as Judge McGuire asked Toby Smith to stand.

“After reviewing all the evidence and arguments the court has now reached a verdict,” said McGuire.

Thirteen counts were laid out before Smith, who was ultimately found guilty of seven felonies. Judge McGuire found Smith not guilty for murder in the first degree but guilty of murder in the second degree.

Smith was found not guilty of burglary in the first degree. On the attempted assault, he was found guilty in the first and second degree.

Smith also was found guilty of strangulation in the first degree and criminal possession of a weapon in the third degree.

Smith stood trial at the Lawrence H. Cooke Sullivan County Courthouse in Monticello for the September 24, 2018 death of Lorraine Gempler.

Smith pleaded insanity and opted for a bench trial. Judge McGuire presided over the trial and decided Smith's fate.

The prosecution of the case was handled by Sullivan County District Attorney, Jim Farrell.

According to authorities, Smith entered Gempler's house when she was not home with the intent to burglarize it. When Gempler returned home, Smith hit her in the head with a heavy vase causing her death.

According to officials, neighbor David Slater went to visit Gempler and witnessed Smith during the crime. After a scuffle, Slater, along with a neighbor, Thomas Gain, held down Smith until police arrived.

Timothy Havas was the public defender representing Smith with help from former Sullivan County District Attorney Steve Lungen.

The defense said Smith was insane and that his mental illness prevented him from having a full understanding of what he had done and the consequences of the murder.

Smith's family said during the trial he was having bouts of paranoia and was scared that someone was after him days before the murder took place.

Judge McGuire scheduled sentencing date for Smith for December 20 at 9 a.m and he said it might be held in the new Sullivan County Jail.