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Trial starts today in ’11 shooting of ex-officer

Published: Monday, Feb. 25, 2013 5:30 a.m. CDT

WOODSTOCK – Jury selection is scheduled to begin today in the trial of a man accused of murdering a former court security officer over Memorial Day weekend 2011.

Timothy S. Smith, 28, of Woodstock, is charged with first-degree murder in connection with the shooting death of 48-year-old Kurt Milliman.

According to police, Smith placed online ads soliciting sex with his wife, one of which was answered by Milliman on May 28, 2011.

While at the home on Doty Road near Woodstock, a dispute broke out and Milliman was shot once in the back. The bullet entered near his right shoulder blade and traveled across his chest before becoming lodged near his left collarbone.

Smith’s attorney, Assistant Public Defender Kim Messer, said that her client shot Milliman while defending a third party: his wife.

Smith did call police, they said, reporting an unwanted man entering the home while his wife was home alone.

Police have said, however, that Smith was there the entire time. He and his wife panicked and made up the story while discussing what to do with Milliman’s body, police have said.

Milliman was taken to the hospital. Upon arrival, he was unconscious with blood pressure and a pulse, but died in the early morning hours of May 29.

Timothy Smith’s wife, Kimberly, faces several of her own charges, including prostitution, but she was never charged with murder. She is scheduled to go to trial March 11; no plea deal has been reached.

She is expected to testify against her husband – although not by choice.

Prosecutors granted her “use immunity,” meaning that whatever she says on the stand cannot be used in the case against her. She therefore cannot invoke her Fifth Amendment right against self-incrimination.

Kimberly Smith’s attorney, Mark Facchini, said his client is being forced to testify.

“I fully expect her to get up there and tell the truth,” Facchini said. “She will not fabricate anything for the benefit of the state or Tim Smith.”

She is not responsible for Milliman’s death, but was present at the time, Facchini said.

“She’s connected in no way directly with the death of Mr. Milliman,” he said. “She is an occurrence witness. She was present when it occurred.”

Former Sheriff’s Deputy Scott Milliman said his brother was lured to the house. Kurt Miliman was unarmed, and no matter what reason he was there, he didn’t deserve to be killed, Scott Milliman said.

“It’s been extremely difficult, as you can imagine,” he said. “My children lost a second father for them. My brother was always there [and] because of that day, a good son, a good brother, a good uncle was stolen from us.”

The trial is expected to last less than a week, with the prosecution planning for closing arguments on Thursday.

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