Back in 2011 Timothy Smith of Woodstock, Illinois, shot and killed 48-year-old Kurt Milliman in Smith’s home. Smith was prostituting his then-wife, Kimberly Smith, on craigslist. Supposedly Milliman got to rough with Kimberly Smith and Timothy Smith emerged from hiding and shot Milliman.
More than likely to hide their criminal activities the Smiths concocted a home invasion story where they claimed that Milliman was killed in self-defense after tampering with evidence to try to make the scene look like an attempted burglary.
In 2013 Timothy Smith was convicted of first-degree murder and was sentenced to 50 years behind bars. This past Tuesday Smith was granted a new trial on the grounds that the judge at his trial did not allow an involuntary manslaughter charge to be considered by the jury. Smith’s attorney claims that his client meant to scare Milliman and not kill him. I don’t buy it but it is what it is.
As I said before no one in this story was clean but I can see the grounds for involuntary manslaughter as Smith did not allow Milliman into his home with the ‘sole purpose of killing him. Then again, it was a killing in the commission of another crime so I can see the murder charge as well.
No word on when the retrial is scheduled to take place.