Spencer Newcomer acquitted of murder/manslaughter

Spencer “Lee” Newcomer, 43, who shot and killed his Springettsbury Township neighbor, David Wintermyer, 47, on June 10, 2012, after an ongoing feud, was acquitted of all charges Friday, March 15.

Spencer “Lee” Newcomer

David Wintermyer

Newcomer maintained the shooting was in self-defense when Wintermyer reached into his pocket for a black object that turned out to be a cellphone.

Read the gavel-to-gavel trial coverage below.
Previous coverage: Castle doctrine: Springettsbury Township man expected to invoke self-defense at upcoming murder trial

About Rick Lee

Rick Lee is a veteran courthouse reporter for the York Daily Record/Sunday News. Contact him at rlee@ydr.com or call 495-1782.
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38 Responses to Spencer Newcomer acquitted of murder/manslaughter

  1. Julia Will says:

    There is NO way a bullet in the back is self defense…..it means the spineless coward knew exactly what he was doing and intended to kill. One shot in the back wasm’t enough though he had to level amother three bullets to Dave’s chest. Self defense? Really? I have had plenty of beef with neighbors of mine over the years but never once did i ever even entertain the thought of putting four bullets into their body and ending their life. Ever. Oh wait….that is because i have ethics and morals and i know killing in cold blood is wrong. Eye for an eye i say. Hopefully the jury will see what we all see and fry this dirt bag for what he did. He won’t die like Dave did, though. He will more tham likely spend the rest of his life with heat and air conditioning, three meals a day, clothes on his back, shoes on his feet and he might even be afforded the opportunity to get a law degree so he can file his own appeals. He will get to see his friends and family allbeit from behind bars but the only way we can see or talk to Dave is sitting beside the cold marble stone that marks his grave where i have spent alot of time. Conversations that will never be heard, will never receive a response.

    • Susan. Mundis says:

      I am related to Dave. Even though I haven’t seen him very much I did talk to him a few times last year and and a couple times in the last 5. The day after he was shot I took flowers out to his home and I talked to one of the neighbors They told me Dave was the nicest and kind neighbor. He would drive his truck down the street and if he saw someone out he would stop and ask if they needed help and he would buy new bikes for kids out there. I believe his neighbor, Becker he and Dave did not like Newcomer and Becker would try to put fuel in the fire bc he would text Dave at work and he said he knew Dave and Spencer were going to have it out Sunday morning that is exactly why Becker was out so early in the morning to wash the car He wanted To hear Dave tell off Newcomer
      David was paying a lot to have lawn care company to make his yard nice and Spencer was always allowing his dogs to poop over there . if Spencer was so afraid of Dave then he would not have allowed his dogs to poo in Dave’s front yard so many times. Not just once getting sick Spencer is lying They should have put up a high fence. Fences make good neighbors. I wish the neighbor across the street would have said in court that other neighbors like Dave and some didn’t like Spencer bc that is what she told . I even talked to a Postal carrier at Dave’s funeral and he said Spencer was a nasty person. Not friendly at all.

  2. Joe says:

    Killing an innocent rabbit, making innocent dogs sick, knocking over wood piles, flattening tires, writing obscenities on someone’s car windows, harassing your neighbors, I guess that’s not being a nasty person?

    • Thaddeus Burger says:

      Newcomer on the alledged killing of a wild rabbit “what kind of sick person would do that” I see…okay to murder a fellow Human Being though…

      • Lori Riddle says:

        Remember, these claims are being made by a person who admitted he SHOT someone 4 times. I am sure he is credible. Dave had a heart of gold. I am sure if he was at odds with his neighbor, he had been on the receiving end of much hate. I have argued with neighbors at times, I have NEVER shot someone. I find it so hard to believe there is any reason someone who was fearful of Dave (as he claims), would stop his truck and go back to a fight he thought would get worse. DRIVE AWAY!

    • Peachy says:

      Maybe Newcomer’s dog was jealous of the rabbit and that’s what happened there. Did you ever try to catch a wild rabbit? I’m pretty sure marine or not, Dave wouldn’t be able or even want to do that. I’m sure Dave played his part in harassing Newcomer but I’m fairly sure the neighbor on the other side of Newcomer was more active in all of this than what he’d like you to believe.

    • Susan says:

      Joe, there was never any proof of Spencer said about a dead rabbit, his truck , making his dogs sick. Spencer never called the township about any of these. But he sure called when his woodpile was knocked over. Heck kids could have done that. So in our opinion Spencer thought up all this before he got in court to make Dave look like he was crazy. David was having lawncare to get his lawn nice. And Spencer kept allowing his beagles to deficate over there many times. Who knows maybe his beagle got the rabbit. You would think he would have called the township if someone wrote on his truck! Spencer is the nasty one. Yes Dave did get angry about the dogs and that is what he kept yelling at Spencer for but Spencer would also yell back at Dave. This wasnt the first time they argued. ANd just bc you have a nasty neighbor ( I also had one across the street who would intentionally bring their dog over on my side where I mow to poo. I just picked it up and started to throw it on their driveway. I knew it was him bc I saw him when he thought I was out back) and I never got a gun out. Spencer backed up his truck and got out with his gun and he knew exactly what he had planned.

      • Susan says:

        Also the neighbor on the other side of Newcomer used to text Dave at work and tell him the dogs were on his yard. I know this bc I am related to someone who is a close relative to Dave and they would talk many times. And Newcomers neighbor knew Dave was going to have it out with Spencer Sunday morning. Why else was he out at 8:30 in the morning washing his wife’s car ? He wanted to see ! He was an instigater and through Dave under the bus on the stand bc he knew if Spencer got off he would have to live beside him again For you people who think Spencer held his head high, He has no respect for his neighbors. Why do you think none of them sat on his side? I bet he has more than one gun, too and Dave didn’t own any. While sitting in court there was another man who was to testify against Newcomer. But they didn’t use him. I heard Spencer pulled out a gun on someone before but that was in the past so he couldnt be a witness. This wasnt hearsay. This guy was a friend and they sat together.

        • Joe says:

          Thanks for the added info. Twelve jurors found Lee not guilty of murder. You can comment all you want to…Lee is still not guilty no matter what you think or say.

          • John Public says:

            He’s still a scumbag and its great evidence of how collectivly insane America is, that you can be a cold=blooded murderous coward and walk free.

            Make no mistake, thats exactly what this man is, a cold-blooded murderour coward. A scumbag. Enjoy your insane society, forgive us if we never visit.

          • Judy says:

            He isGuilty and he will have to answer to God for this and you will to..

          • Joe says:


  3. Mike Feeser says:

    What if . . . . Newcomer was a reasonable and somewhat responsible neighbor – and restricted his dog from running loose and deficating in Dave’s yard – or if the dog did happen to do that – hey, clean it up AND apologize! Why didn’t the local police do something about the dog deficatinons on his property?

    I knew Spencer – and in my opinion he is a real jerk! My previous encounters were not good and I heard him ‘brag’ about the dog issue – but did not take it seriously. I am retired military and in the military you are REQUIRED to keep your ‘quarters’ (Base housing home) in excellent condition, yard maintained, dog crap cleaned up etc. So I can certainly see where Dave was coming from – On the other hand Spencer did not have standards to speak of – just look at the property. Again – why didn’t the local police try to enforce codes? I cannot accept this as “self defense”.

    As for the weapon – all military personnel have firearms training and handling of firearms – something that it appears Spencer could have benefited from. Self defense? Cold blooded murder?

  4. applesnoranges says:

    I grew up near Spencer. He was strange even when we were little. Seemed a little off. I’m not too surprised that he’d do something like this.

  5. thereisenough says:

    reasonable doubt.

    Bully got his due.

  6. Joe says:

    We love you Lee.

  7. Joe says:

    We love you Lee!

  8. dufus says:

    The people in York County are sick. A miscarriage of justice.

  9. Melody Baum says:

    God Bless You Spence,
    Been praying for you and your Family.
    It’s good to see the justice system works once in a while.
    Always remember that you are a good man, ignore rude comments and walk with your head held high. You did the only thing you could do and I would have done the same. Your life was on the line and the bully got what he begged for.
    Melody Baum and Family

  10. Peachy says:


  11. MaryAnn says:

    We are so glad justice prevailed for you Lee, it is a shame that all the bullies who were kids bullying other kids, grow up to be bullies bullying adults. We care.

    • John Public says:

      Apparently killin another human being is a response to ‘bullying’ now. Quick get all your kids handguns and sit back to watch the bloodbath. What idiocy.

  12. Nancy Neff says:

    I don’t and didn’t know either of these guys, but I have to say, that I’m confused. Regardless of all the trial details, why on God’s green earth would you stop your truck and get out of your truck if you were afraid that the person following your truck was going to kill you??? Why wouldn’t you drive away and call the police?

  13. dufus says:

    The person who started this whole thing got off scott free. He could have done the right thing and apologized to his neighbor for his dogs shitting on his lawn. He could have cleaned up his property and become a harmonious part of the neighborhood. Instead he chose to bait his neighbor and defy his neighbors’ request to be a civilized part of the community and keep his dogs off of other peoples’ property. To go down the street in his truck and then back up and confront his disturbed neighbor by getting out of the truck and shooting the neighbor, not once, but four times tells me he knew exactly what he was doing. A man lost his life because he couldn’t get thru to this self centered, disrespectful neighbor. He’ll have to live with this the rest of his life knowing full and well he caused the whole problem and got away with it! Today there is no respect for other peoples’ property. It’s a damn shame and not right. I’m sure that he takes better care of his Corvette than he does his property and respect for other people’s property. He pulled a fast one and got away with it! Shame on the Jury.

  14. Very Unhappy says:

    There is a distinction between bullying and what happened here, Bullying is picking on someone for no reason and threatening them and antagonizing them simply because ya wanna. This was different this was simply a man standing the hell up for himself and not allowing his disrespetful neighboor to continue to do so. Now adays it anytime you stand up for yourself or your friends your a bully and thats simply BS. Becker and Dave were simply two neighboors that had the same problem with the same disrespectful man. I knew Dave and am disgusted that he is being pegged as a bully anyone that knew him knows that thats simply not true. I also know becker and I know he was simply just standing up for himself as well. If he was soooo afraid of these 2 then wyh did he not stop allowing his dogs to poop on there lawns, becker had to spend a fortune to put up a fence so that he so he didnt have to deal with this BS anymore. This is a major injustice, and the part that pisses me off the most isnt that he went free cause he has to live with the truth but that people actually think Dave was a bully.

  15. ByStander says:

    I cried for Wintermyer’s family when I heard the jury decision. I feel very sorry for the neighbors who have to live near an admitted killer in their neighborhood. Perhaps if they keep reporting to the police about Newcomer’s dogs crapping in their yards, he will be fined as a neighborhood nuisance.
    I sure would like to hear some comments from the jurors as to understand how they arrived at their decision.
    Newcomer should win an Academy Award for “crying” his fake tears, as I’m sure he isn’t capable of crying or of being the least bit remorseful for what he’s done. Just remember one thing: KARMA ALWAYS WINS!!

  16. Makesmesick! says:

    I have known Dave since 1987. i met him on the Big Island. Had a lot of great times with him during the yrs he as in Hawaii. He took a lot of pride in himself and his country. I, too, am someone that takes great care of my home and lawn. I cannot stand lazy, nasty people who do not take any pride in their homes or yards. People that have no respect for other’s. Instead they let their dogs crap all over and let the rest of us step in it, smell it and clean it up. It is flipping disgusting to me that this guy gets off when he is the one that was in a vehicle and could have drove away and called the cops if he felt so threatened! I will never understand this verdict!? I hope for the murderer’s sake, he does not return to the same old ways and he keeps those flipping dogs from crapping all over he neighborhood. Just a little respect and common courtesy for other people’s homes would have stopped this whole thing from happening. He obviously was not afraid of Dave or he would not have continually allowed his dogs to shit all over the man’s property. That is just beyond gross and I can see how that would upset anyone. You are a murderer and will never be anything else. You killed Dave in cold blood and karma will get you sir.

  17. John Public says:

    Disgusting. What a bunch of idiots to let this scumbag walk free.

  18. juror says:

    decision based on factual evidence, was not proven guilty, followed the LAW, upstanding citizen doing my what I was instructed to do, make no mistake, no idiot or sick person on that jury

  19. Judy Green says:

    The Idiot is guilty..I guess you like Murderers..

  20. juror says:

    No Mam, that would not be true. I find it sad that 14 citizens were called out of their daily lives to do a duty, and are being called idiots. I am deeply sorry for the victims loved ones loss.

  21. Ann says:

    I have to laugh at all the judgments being thrown around, when only about a third of the truth was printed in the media. For instance, did you know that Newcomers dogs were not defecating on WIntermyers property because he has an electric fence? Did you know the other neighbor text the night before to tell Wintermyer that Newcomer’s dogs were on his property, when Newcomer wasn’t even home to let his dogs out?? How about when Wintermyer returned the text and said there was no feces on his lawn and the neighbor, who btw was helping Wintermyer plan to attack Newcomer for a WEEK before the confrontation on that morning, told Wintermyer just to tell Newcomer there was feces anyway? There were some sick individuals involved here, no doubt. If you knew ALL the facts, like the planned attack including fire arms of Newcomer that was set ironically for that morning, maybe you would be informed individuals instead of guessing in the dark


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