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Husband’s murder trial begins in death of wife’s alleged prostitution client

Updated: February 27, 2013 7:15PM

Timothy Smith first told police he fatally shot an unarmed intruder who was attacking his pregnant wife inside the couple’s McHenry County home.

But Smith later admitted the man he gunned down, 48-year-old Kurt Milliman, had come to their house to have sex with his wife after answering an online ad.

Though he was charged with murder, Smith insisted to police the deadly 2011 shooting occurred only because he was trying to defend his wife from an irate Milliman, who stood 6-foot, 6-inches tall and weighed 378 pounds.

“Regardless of what happened, this guy was after my wife. He wouldn’t take no for an answer,” Smith said during the videotaped police interrogation, which was played Wednesday for jurors hearing his trial.

Smith’s wife, Kimberly, testified Milliman had angrily grabbed her after she refused to have sex and asked him to leave the home.

As they struggled in a front hallway, her husband abruptly appeared with a pistol, she said.

“He said, ‘Get your hands off my wife,’” Kimberly Smith recounted, saying a second later “the gun went off” and Milliman fell to the floor.

Milliman, a former McHenry County courthouse security officer and Island Lake tavern owner, died of a single gunshot wound in the back.

Following the May 28, 2011 shooting, Timothy Smith broke a window and overturned some furniture in an attempt to make it look like a break-in had occurred, McHenry County prosecutors contend.

He later told police he had rushed in to confront an intruder after getting a panicked phone call from his wife, who was about two months pregnant.

Questioned by police, Smith, now 28, ultimately said he concocted those claims because he was frightened.

He told police he had grabbed Milliman by the collar and tried to pull him away from his wife, contending his pistol went off during the scuffle.

But his 30-year-old wife said there was no struggle, contending Smith fired at Milliman “immediately” after stepping into the hallway.

Financial difficulties had prompted the couple to begin arranging sexual encounters via the Internet to earn extra cash, Timothy Smith told police.

“This is something we both agreed to do to help each other out,” Smith said, telling investigators at one point that “it’s embarrassing. I’m a better man than that.”

Kimberly Smith contended her husband set up most of the encounters and she was trying to end the practice--starting with Milliman.

She was charged with prostitution, obstruction of justice and filing a false police following the shooting but wasn’t charged in Milliman’s death.

Those charges are still pending.

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