Novato woman built barbecue pit where body found NOVATO

A Novato woman whose husband disappeared at least five months ago built a barbecue pit in her backyard in the same place where a body was found Wednesday night, neighbors said Thursday.

Evelyn Smith, 55, also began referring to her husband, Dale Smith, 74, in the past tense, said a next-door neighbor, Rebecca Smith, who is not related to the couple. She called police two weeks ago to report him missing.

An FBI evidence response team, asked to assist in the case by Novato police, found a body buried beneath the patio about 8:45 p.m. Wednesday. The cause of death will be determined by the Marin County coroner.

Police described Evelyn Smith as a person of interest in the case. Her attorney said that Dale Smith had been ill and that it was quite possible he died of natural causes.

Rebecca Smith said she last saw Dale Smith, her neighbor of 18 years, in August or September. It was around that time, she said, that his wife and two laborers put in a brick barbecue pit in the patio of the backyard of her home on Rebecca Way.

"We've been suspicious of it since it went in, because Dale was not present," she said.

Evelyn Smith said her husband had gone off to live with his brother somewhere in Northern California, Rebecca Smith said.

As time went by and neighbors kept asking, "the story did not change," Rebecca Smith said. "She just got a little more vague every time we asked."

She said she had waited to contact authorities because "you can't go to the police unless you have serious suspicion or tangible evidence."

Evelyn Smith referred police to her attorney, Hugh Levine. He said she has been cooperative and gave police permission to search the backyard.

The attorney said Dale Smith suffered from congestive heart disease and bladder and esophageal cancer and could have died naturally, and that his wife may simply have disposed of the body. Levine said it is a misdemeanor to dispose of human remains improperly.

"There's no reason to believe that this man died of anything other than the diseases he suffered from," Levine said.

But he said he would not allow his client to be interviewed by police.

"Our job is to represent and protect the interest of our client. She is presumed innocent," Levine said. "If anybody brings forward anything to the contrary, we'll deal with it."

Dale Smith was a Korean War veteran and retired contractor who had two children from previous relationships. He had lived in the Novato home since at least 1970.

Evelyn Smith used to work for the U.S. Postal Service and moved in around 1995. The couple did not have any children together and lived by themselves, neighbors said.

Another next-door neighbor, Phil Olbrantz, said Evelyn Smith was somewhat eccentric and walked her dogs four or five times a day.

Dale Smith could be ornery, demanding that neighbors move their cars if they were parked in front of his home, Olbrantz said.

"It's entirely possible that he could have passed away in his chair and she panicked," Olbrantz said. "But I don't know how she could possibly drag him out back by herself.

"On the other hand, it could be the opposite end altogether. Until the autopsy report comes back, it's anybody's guess."