WOODSTOCK – A husband who pimped out his wife on the Internet and then shot a man who responded to an ad for sex was found guilty Thursday of first-degree murder.
After more than five hours of deliberation at the McHenry County Courthouse, a jury returned the guilty verdict against Timothy S. Smith, 28, for the death of Kurt Milliman, 48, over Memorial Day weekend 2011.
Former McHenry County Sheriff's deputy Scott Milliman said his brother is in heaven, where Smith will never go.
"For taking him away from us, I don't even know if that's justice," Scott Milliman said.
The Millimans' mother, Lorraine Montalbano, was overcome with emotion after leaving the courtroom, barely able to speak.
"I'm just so happy," she said.
Smith faces a minimum of 45 years in prison and a maximum of 85 at his sentencing April 25. He had been in custody at the McHenry County Jail since his arrest almost two years ago, but his $900,000 bond was revoked following the verdict.
Smith's wife, Kimberly Smith, testified Wednesday that Kurt Milliman had come to the home on Doty Road near Woodstock to have sex with her. Although she had, over a six-month period, had sex for money with about 50 men, she said she was pregnant and didn't want to sell herself anymore, so she asked Milliman to leave shortly after he arrived May 28, 2011.
While near the front door, Milliman tried to give her money to continue, but she refused and he grabbed her arm, pulling her back and slapping her in the face, Kimberly Smith said.
She told him to get his hands off of her, and Timothy Smith came around the corner with the .38 caliber handgun.
Milliman, of Prairie Grove and a former courthouse security officer and Island Lake bar owner, was shot once in the back.
Timothy Smith's attorney, Assistant Public Defender Kim Messer, said during her closing argument that the defense and prosecution agreed on many of the facts of the case, but it came down to interpretation of the evidence.
"Mr. Smith is relentless in his assertion of defending his wife," Messer said. "You can't count how many times he says it in his interview."
Smith saw a 378-pound, 6-foot-6 man who was drunk cornering his wife, she said.
Messer acknowledged that Timothy Smith initially lied to police, saying that he didn't know why Milliman was in the home. But he did so because he was ashamed of what he and his wife had been doing and didn't want people to know, she said.
Shooting Milliman was instinct, Messer said.
"The minute [Milliman's] asked to leave and he refuses, he's an intruder," she said. "And you have the right to defend against an intruder."
During his rebuttal argument, Assistant State's Attorney Michael Combs told Timothy Smith to stop crying.
"This guy is going to sit here and cry now?" Combs said. "[He] puts pictures of his pregnant wife on the Internet and invites strangers to have sex with her."
Combs pointed out that Timothy Smith had staged the scene, throwing a desktop computer onto the floor and then pushing a dryer on top of it, as well as breaking a window.
"You think this guy's got a conscience?" Combs said. "You think he'd hesitate one second to plug a guy in the back?"
All of that was done while Milliman was lying on the floor, bleeding out.
"Show this pimp that what he did was unacceptable," Combs told the jury.
After the verdict, Combs praised the work of the sheriff's office.
"If not for the work of those detectives, this case would not have been solved," he said.
Combs said he had been confident the jury would return with a guilty verdict.
"[Timothy Smith's] consciousness of guilt and way he tried to manipulate the crime scene really undermined his argument of self-defense," Combs said.
Kimberly Smith has been charged with several offenses including prostitution, but not murder.
She was forced to testify after prosecutors granted her immunity for what she said on the stand. Her case is still pending.