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2nd Lt Merle F. Allen Jr., who was flying in the same group, stated: "I was flying Greenhouse Red Four, Captain Rich Smith's wing, when we encountered three ME109s. Greenhouse Red One and Two followed them down as they dove in front of us. Capt Smith and I gave top cover and chased a couple more 109s into "split S-ing" into the clouds below. A FW190 gave chase to us and I called "break left Rick" while turning into him. I met the 190 head on and gave him a short burst and observed hits into his engine. He broke away and split "S"ed into the clouds. I made an 180-degree turn and didn't see Capt Smith again, nor did I hear him on the R/T. This occurred 20 miles southwest of Leipzig at approximately 0845 on June 29, 1944."

Capt C.E. Anderson, also a member of the same group, stated: "I heard a voice on the R/T say 'This is Rick Smith, I'm bailing out', repeating it twice. I was in the vicinity of Leipzig and his transmitter was loud and clear. The time was approximately 0900."

After bailing out of his plane, Capt Smith was captured by a policeman from the city of Seesen. He was taken to the crash site and killed by shots in the back by police Sergeant Eduard K. L. Curdts. The body was buried there later.

After hostilities ceased, a U.S. Army investigation resulted in Eduard Karl Ludwig Curdts and Friedrich Warneke, both German nationals, being tried before a General Military Government Court convened in Dachau on 22 and 23 January 1947.

The court charged Curdts and Warneke, that they, at or near Seesen, in or about June or July 1944, willfully, deliberately and wrongfully encouraged, aided, abetted and participated in the killing of an unknown member of the United States Army who was an unarmed, surrendered PoW in the custody of the then German Reich. At the time of the trial, the identity of the unknown airman had not been established as Capt Smith.

The charges against Warneke were withdrawn, and he was not tried by the court. It has not been possible to establish the reason why the charge was withdrawn.

The court heard that during the month of June or July 1944 a plane crashed, and an unidentified American airman was captured near Seesen. Three members of the Rural Police (Gendarmerie) took charge of the airman. Two of them, Curdts and Cleve, held NCO ranks in this police force, with Cleve being the immediate superior of Curdts. The third, Warneke, was an officer. The US trial papers give their ranks as "Master Sergeant," "1st Sergeant" and "Lieutenant", respectively. A witness, named Mackensen, testified that Curdts and Warneke took the airman by car to the location of the aircraft wreckage. Here, Warneke gave Curdts the choice to shoot or not shoot the airman. They then took Capt. Smith into the woods some 180 meters away from the crash site, where Curdts shot the airman in the head, killing him instantly. The accused had admitted to the killing in an extrajudicial statement but claimed that he was acting on the orders of Warneke. Another witness described how he and others buried the airman’s body the same day.

The court found Curdts guilty of the charge and sentenced him to death by hanging. The sentence was approved by the Reviewing Authority and carried out on 15 July 1947.

He was initially re-interred at Margraten as Unknown X-512 on 13 May 1945.