Man to undergo retrial for shooting customer who showed up after he allegedly advertised sex with his pregnant wife
Timothy Smith posted an advertisement offering sex with his pregnant wife and then fatally shot the man who responded. He is now on trial for the second time after his murder conviction was overturned. In 2013, Timothy was convicted of first-degree murder in the 2011 fatal shooting of Kurt Milliman, 48, who showed up at his house in response to the advertisement Timothy posted on Craigslist. The advertisement stated that anyone could have sex with his wife in exchange for money. However, his conviction was overturned in 2015. On July 31, Timothy appeared before McHenry County Judge Sharon Prather and his fate was decided by a jury.
As reported by People, a spokesperson for the State Attorney’s Office said that for his second trial Timothy chose a bench trial. Apparently Timothy's wife, Kimberly Smith was in on the plan but her meeting with Kurt forced her to change her mind and she realized that she no longer wanted to have sex for money. Kurt and Kimberly started arguing and unfortunately, it was turning violent. Timothy, meanwhile, was watching the argument from another room and when Kurt started to become violent, he knew he had to do something. Kimberly testified that Timothy shot Kurt from behind after he realized the deal was headed nowhere.
Originally, Kimberly and Timothy had concocted a different story for the police. They reportedly told the police that Kurt was an intruder and even went on to file a report of home invasion against him. Kimberly pleaded guilty of filing a false report and was sentenced to probation. Timothy and Kimberly have since been divorced and she has remarried. During the first trial, that was conducted in front of a jury, Timothy's attorney claimed that his client never intended to shoot Kurt.
The attorney argued that the gun “just went off." Despite this, according to Chicago Tribune, he was convicted of first-degree murder and sentenced to 50 years in prison. At his sentencing, Timothy reportedly told Kurt's relatives: “I pray you to find it in your hearts to forgive me.” Kurt's niece had testified during the trial and stated that he was “the rock in our family.”
But Timothy's conviction was overturned in 2015 after an appeal in the court that ruled the jury in his original trial should have been given the option of an involuntary manslaughter verdict. During the initial trial, prosecutors also played a recording of the 911 call the couple placed where both claimed they were victims of a home invasion. While Timothy's trial is still going on, Kimberly has already testified in the case.
Now it seems Kimberly is backtracking. She stated that she was finding it hard to remember what really happened on that day. “It’s very hazy,” she said after she was asked on the stand if she recalled seeing her ex-husband with a gun, or if she remembered anyone being shot that night. Timothy is expected to testify soon.