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Article updated: 5/22/2013 6:37 PM

Woodstock man gets 50 years for murder

Kimberly Smith

Kimberly Smith

 
Timothy Smith

Timothy Smith

 
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A 28-year-old Woodstock man was sentenced to 50 years in prison Wednesday in the May 2011 shooting death of a former court security officer and Island Lake bar owner.

McHenry County prosecutors argued during a trial earlier this year that Timothy Smith staged a crime scene after gunning down Kurt Milliman, 48.

Smith was pimping out his wife and Milliman had answered an online ad to have sex with her at the couple's home on the 4300 block of Doty Road, prosecutors said.

Milliman and Kimberly Smith began having sexual relations when Timothy Smith came out of a room and shot Milliman in the back. He then smashed a window, damaged some of his property and told police someone broke in and attacked his wife, prosecutors said.

Kimberly Smith, 30, was granted immunity and testified that she turned to prostitution at her husband's request to help make ends meet. She said a drunken 6-foot-6 inch Milliman came to her house for sex, but after she changed her mind he began to threaten her and then hit her. Smith testified her husband came to her aid and the shooting was not intentional.

A jury saw it differently, taking a little more than five hours to determine that Smith killed Milliman and fired the weapon, which increased the possible prison term from a minimum of 20 years to a minimum of 45 years.

Kimberly Smith pleaded guilty in April to a false report of an offense in exchange for prosecutors dismissing other charges. She will be sentenced June 7.

Judge Sharon Prather issued the sentence, of which Timothy Smith must serve 100 percent. The case was prosecuted by Michael Combs, chief of the Criminal Division of the McHenry County State's Attorney's Office, and Assistant State's Attorneys Patrick Kenneally and Andrew Mueller.

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