Photo: Illinois Department of Corrections
An Illinois man who posted an ad offering sex with his pregnant wife and then fatally shot the man who responded is on trial for a second time after his murder conviction was overturned, PEOPLE confirms.
In 2013, Timothy Smith was convicted of first-degree murder in the 2011 fatal shooting of Kurt Milliman, 48, who showed up to Smith’s Woodstock-area home after Smith posted an ad on Craigslist to have sex with his wife in exchange for money,according to theNorthwest Herald.
Kimberly Smith testified that she had agreed to the transaction but during her encounter with Milliman, decided she no longer wanted to have sex with men for money, theNorthwest Heraldreports. Milliman and Kimberly Smith began to argue, she testified.
When Milliman allegedly became violent, Timothy Smith, who was secretly watching, allegedly intervened and shot Milliman with a handgun from behind, she testified at the time,theChicago Tribunereports.
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Originally, the Smiths told police Milliman was an intruder and filed a police report for a home invasion, theTribunereports. Kimberly Smith pleaded guilty to filing a false police and was sentenced to probation. The couple divorced and Kimberly has since remarried.
During his first trial, Smith’s defense attorney claimed his client never intended to kill Milliman, arguing that the gun “just went off,” according to theTribune.
The paper reports that at Smith’s sentencing, he asked Milliman’s relatives, who described their loved one as “the rock” of the family, for forgiveness.
Smith’s conviction was overturned just two years into his 50-year sentence, according to theHerald.The Illinois Appellate Court ruled that Prather should have given jurors the option of an involuntary manslaughter verdict.
On Tuesday,Kimberly Smith testified before Pratherbut said she was having problems remembering the night of Milliman’s death, theHeraldreports.
“It’s very hazy,” she said, after being asked on the stand if she recalled seeing her ex-husband with a gun, of if she remembered anyone being shot that night.
Smith is expected to testify Wednesday, the spokesperson says. Attorney information for Smith was not available.
source: people.com
