An Illinois man who posted an ad offering sex with his pregnant wife and then fatally shot the man who responded is on trial for a second time after his murder conviction was overturned, PEOPLE confirms.
In 2013, Timothy Smith was convicted of first-degree murder in the 2011 fatal shooting of Kurt Milliman, 48, who showed up to Smith’s Woodstock-area home after Smith posted an ad on Craigslist to have sex with his wife in exchange for money, according to the Northwest Herald.
But his conviction was overturned in 2015, and on Monday, Smith, now 34, appeared before McHenry County Judge Sharon Prather, who presided over his first trial, which was decided by a jury. For his second trial, Smith chose a bench trial, a spokesperson for the State Attorney’s Office tells PEOPLE.
Kimberly Smith testified that she had agreed to the transaction but during her encounter with Milliman, decided she no longer wanted to have sex with men for money, the Northwest Herald reports. Milliman and Kimberly Smith began to argue, she testified.
When Milliman allegedly became violent, Timothy Smith, who was secretly watching, allegedly intervened and shot Milliman with a handgun from behind, she testified at the time, the Chicago Tribune reports.
