Cleveland brothers plead not guilty in city's first murder of 2013, committed on New Year's Day

CLEVELAND - Two Cleveland brothers charged in Cleveland's first murder of 2013, pleaded not guilty Monday to charges of aggravated murder.

Marcellus Smith, 22, and Montell Smith, 19, remain in jail on a $1 million cash bond each.

Cleveland police said the two brothers broke into a home on Hilgert Avenue in Cleveland in the early morning hours of Jan. 1 to commit a robbery.

Police said when the two men entered the home, they shot 42-year old Nathan Brown once with a shotgun, hitting him in the leg. One of the pellets struck Brown's femoral artery causing him to bleed to death.

Police followed footprints in the snow, along with a blood trail that led away from Brown's home, and arrested the two men. Officers say DNA left at the scene also matched Montell Smith.

Both Marcellus and Montell Smith are due back in court Feb. 27 for a pretrial hearing.

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