WOODSTOCK – A woman whose husband placed online ads for sex with her and killed a man who responded was given probation for her role related to the shooting.
Kimberly A. Smith, 30, formerly of the Woodstock area, pleaded guilty in April to disorderly conduct, a Class 4 felony, for filing a false police report. Because of a previous felony conviction, she was eligible for up to six years in prison.
Smith also was sentenced to 180 days in jail, but ordered to immediately serve 60. With credit for time served, she will be released Sunday.
A jury in February found Smith’s husband, Timothy S. Smith, 28, guilty of first-degree murder for the May 28, 2011, shooting death of 48-year-old Kurt Milliman. Timothy Smith was sentenced last month to 50 years in prison.
Prosecutors said Milliman had responded to an online ad for sex with Kimberly Smith, but when she refused and tried to stop the encounter, a scuffle ensued and Timothy Smith shot Milliman in the back.
Kimberly Smith initially told police that Kurt Milliman was an intruder who broke into the couple’s Doty Road home.
In court Friday, Kimberly Smith repeated that she was “severely sorry.”
Kimberly Smith testified at her husband’s trial, saying that she had sex for money with about 50 men, but was pregnant at the time and didn’t want to sell herself anymore so she asked Milliman to leave.
She was granted limited immunity for her testimony against her husband. Additional charges of obstruction of justice and prostitution were dropped. She never was charged with murder.
Assistant State’s Attorney Michael Combs, chief of the criminal division, said the Smiths made no attempt to render aid to Milliman, though the couple lived only a short distance from the hospital.
But Smith’s defense attorney, Mark Facchini, said Smith placed two emergency calls, the second was “after she believed police didn’t come fast enough.”
When handing down her sentence, McHenry County Judge Sharon Prather, who also presided over Timothy Smith’s murder trial, harshly reprimanded the woman telling her to “straighten up” and “learn to be a mother and responsible citizen.”
“You’re a 30-year-old woman with three children; it is way past time, ma’am, you get your life in order,” Prather said.
Outside court, Milliman’s brother, Scott, expressed disappointment at Kimberly Smith’s sentence. He hoped for a harsher punishment.
“I’m not happy with this,” Scott Milliman said. “… They let my brother lay there and die.”