A McHenry County jury Thursday convicted Timothy S. Smith of first-degree murder for shooting a man who went to Smith's Woodstock home after answering an online ad to have sex with his wife.
Kurt Milliman, 48, a former courthouse security officer and Island Lake bar owner, answered an online ad to have sex with Kimberly Smith, 30. She testified she changed her mind, and her husband came to her defense when the May 28, 2011 shooting occurred.
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But prosecutors successfully argued that all signs pointed toward Timothy Smith trying to cover up his crime by staging a scene to make it appear Milliman, of Prairie Grove, was trying to rob the Smiths' house.
Smith bowed his head slightly but didn't show any outward emotion after the verdict, which took the jury a little more than five hours to reach. He faces between 45 years and 85 years in prison when sentenced April 25.
"Kurt's in heaven. That (expletive) is in hell for taking him away from us. I don't even know if that's justice," said Milliman's brother, Scott.
During the three-day trial in Woodstock this week, Kimberly Smith testified that she turned to prostitution at her husband's request to help make ends meet. She was granted immunity for her testimony, in which she said a drunken, 6-foot-6 inch Milliman came to her house for sex, and when she changed her mind, began to threaten her and hit her. She testified that her husband came to her aid and the shooting was not intentional.
Assistant State's Attorney Michael Combs argued that Smith lied about what happened. Smith just wanted money, was pimping out his wife even though she was two months pregnant, and then tried to stage a burglary scene after the murder, Combs said.
He said Smith didn't call police but instead tried to make Milliman's death look like an attempted burglary, by breaking a window and a computer and overturning a dryer.
"His consciousness of guilt and the way he tried to manipulate the crime scene really undermined his argument of self-defense," Combs said.
Judge Sharon Prather gave jurors the option of convicting Timothy Smith of first- or second-degree murder, but said the panel could not consider involuntary manslaughter.
Second-degree murder carries a top prison term of 20 years, but under state law the sentence can be cut in half for good behavior.
Smith must serve 100 percent of whatever sentence Prather issues in April.
Kimberly Smith has not been charged with murder, but faces misdemeanor prostitution charges and felony charges of obstruction of justice. She is scheduled to go on trial March 11 and faces up to three years in prison if convicted.