CHICAGO (AP) _ An appeals court has overturned a murder conviction for a northern Illinois man accused of placing an online ad for sex with his pregnant wife and then shooting her customer at the couple’s home.
The Chicago Tribune reports the Tuesday ruling means 30-year-old Timothy S. Smith is entitled to a new trial. The appeals court said the McHenry County trial judge should have let jurors consider convicting him of involuntary manslaughter in lieu of first-degree murder in the 2011 death of a 48-year-old man.
Smith’s wife testified at trial that she didn’t want to go through with the arrangement. The man grabbed and slapped her, and Smith came out of hiding and shot him.
Smith told police he was trying to scare the man and didn’t purposely shoot him.
Prosecutors can appeal the ruling to the Illinois Supreme Court.
Information from: Chicago Tribune