Man accused of “pimping” wife is convicted of murdering client
BY DAN ROZEK Staff Reporter February 28, 2013 5:52PM
Updated: February 28, 2013 5:52PM
A McHenry County man accused of “pimping” out his pregnant wife was convicted Thursday of first-degree murder for gunning down an unarmed client who came to their home seeking sex.
Timothy Smith contended he unintentionally shot Kurt Milliman once in the back while trying to protect his wife after she abruptly refused to have sex with the 6-foot, 6-inch, 378-pound Prairie Grove man.
Jurors deliberated for more than five hours Thursday before rejecting that claim and convicting Smith of the May 28, 2011 slaying at the couple’s home near Woodstock.
Smith, now 28, faces a minimum 45-year prison term.
Milliman’s relatives wept and hugged each other in court as the guilty verdict was delivered.
“Kurt’s in heaven, that piece of s--t is in hell for taking him away from us. I don’t even know if that’s justice,” said Milliman’s brother, Scott, outside the courtroom.
Earlier, Prosecutor Patrick Kenneally ripped Smith’s contention that the killing happened because he was trying to defend Kimberly, even though he had admitted “pimping his wife out” via Internet ads.
“He allowed his wife to be ravaged and pawed by any paying John,” Kenneally told jurors before they began deliberating.
Smith’s attorneys didn’t dispute that he fired the fatal shot, but sought a conviction for second-degree murder. They argued Smith thought he needed to protect his wife — who was two months pregnant — from the 48-year-old Milliman.
Kimberly Smith testified the former McHenry County courthouse security officer and tavern owner became irate, grabbing and slapping her after she declined to have sex and instead told him to leave the house.
“Mr. Smith is relentless in his assertion of defending his wife,” Assistant Public Defendant Kim Messer said, contending Milliman provoked the shooting by allegedly refusing to leave.
Prosecutors described the shooting differently, arguing Smith became angry because Milliman was leaving the home without paying, even though no sexual encounter had happened.
“He created this situation. Now he’s angry because this guy is going to leave without paying. He starts blasting,” Assistant State’s Attorney Michael Combs said.
After the shooting, Smith broke a window and overturned some furniture, then called police to report that he had shot an intruder he found attacking his wife. Later, Smith revealed to police that Milliman had answered an Internet ad Smith had posted offering his wife for sex.
“The way he tried to manipulate that crime scene really undermined his argument of self-defense,” Combs said of Smith.
Financial difficulties had prompted the couple to begin arranging sexual encounters via the Internet to earn extra cash, Tim Smith told police in videotaped interrogations shown to jurors.
“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, 30, 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.