Joshua Hart and Brittany Smith
Joshua Hart and Brittany Smith

ORANGE — The two suspects in the murder of a 95-year-old Orange man Wednesday could be back in Massachusetts custody to face charges as early as Thursday.

The pair, Joshua Hart, 23, and Brittany Smith, 27, both of Athol, were arrested in Virginia over the weekend.

The Massachusetts State Police Detective Unit assigned to the Northwestern District Attorney’s Office has obtained arrest warrants for the two in connection with the home invasion and murder of 95-year-old Thomas A. Harty and the serious injury of his wife, Joanna Fisher, 77, at 581 East River St.

Warrants charging murder, attempted murder, home invasion, armed robbery, larceny and conspiracy have been issued for Hart and Smith.

Both suspects were arrested by the Rockbridge County Sheriffs’ Department in Virginia and are being held without the right to bail. They were taken into custody early Saturday morning when Rockbridge Sgt. Scottie Sorrells located the two suspects in a U-Haul truck that was parked at the Rockbridge County Wal-Mart and took them into custody for being fugitives from justice on outstanding vehicle larceny warrants out of Massachusetts, according to the Sheriffs’ Department.

The victims’ stolen motor vehicle has also been recovered in a different location in Virginia.

Rockbridge sheriff’s deputies arrested the suspects on Massachusetts warrants for charges of larceny of a motor vehicle and receiving stolen property, related to stolen credit/debit cards.

They are likely to have fugitive from justice arraignments Wednesday in Virginia and then, depending on if they waive rendition rights, could be transported back to Massachusetts as early as Thursday.

The victims’ stolen motor vehicle, a gray/silver 2003 Toyota Corolla station wagon, has also been recovered in Virginia, according to Carey.

A home invasion was discovered Oct. 6 at Harty and Fisher’s home. Fisher was transported to UMass Memorial Medical Center in Worcester for treatment of throat wounds. The hospital has declined to discuss her condition.

The home at 581 East River St. was a peaceful and tranquil scene Monday, a far cry from the swarms of police vehicles, media presence and curious on-lookers that congested the area on Oct. 6. Various flower arrangements have been placed at the base of the home’s mailbox.

A couple of Harty and Fisher’s neighbors said they read the suspects’ names in the newspaper but had never heard of them.

Orange Board of Selectmen Chairwoman Kathy Reinig said she is not familiar with the suspects either. However, she said she knew Harty casually.

“Much of what I’m hearing is, ‘He was such an open, giving and pleasant person. We can’t believe this could happen to him,’” she said before mentioning Harty’s well-known love of hiking. “He made it a mission to get people together to get outdoors.”

Reinig said she frequents Miller’s River Cafe (inside Trail Head Outfitters & General Store) and Harty often stopped in and thanked her for her service to the town. She said she can’t believe this type of crime could occur in Orange.

“That’s why they call it a tragedy — because you don’t expect it,” she said. “And this is definitely a tragedy.”

Paul Anderson, owner of Trail Head, said he had known Harty since opening the business in 2004.

“I always considered him a good friend,” he said. “He was a really nice guy.”

According to a Recorder police log item dated Oct. 3, Brittany E. Smith, 27, of Chase Road, Athol, and Joshua A. Hart, 23, of Chestnut Hill Road, Athol, were placed under arrest in Orange following an investigation. Smith was charged with larceny of a motor vehicle, and Hart was charged with being an accessory after the fact.

According to the Orange Police Department, Smith was released on personal recognizance and Hart was held on $7,500 cash bail and brought into court the following day.

Harty, who would have turned 96 on Oct. 27, was a passionate hiker and mountain climber and was still active outdoors, according to a Recorder feature story published last summer. According to the article, Harty served in the Navy during World War II, and had worked at a local foundry for 45 years. At 94, he was still working in sales for Donbeck Sales, a family business, in Orange.