Timothy Smith, 34, was convicted for the murder of Kurt Milliman, who was shot and killed in 2011 after answering a Craigslist ad he placed for the provision of paid sex with his wife.
(Illinois Department of Corrections)
An Illinois man was convicted for the first degree murder – again – for the photograph of a dead man who allegedly went to his house to pay for sex with his pregnant wife.
Timothy Smith, 34, was Thursday convicted for the murder of Kurt Milliman, who was shot and killed in 2011 after answering a Craigslist ad, Timothy had placed for the provision of paid sex with his wife, Kimberly.
It is his second conviction of the same charge in the case, according to a new survey, the Chicago Tribune reported.
Judge Sharon Prather ruled Thursday that Smith claims that he is a deadly shot Milliman by an accident, or, as an alternative, in the defense of himself and his wife were not credible.
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Milliman, a former bar-owner and sheriff’s office employee, went to Smith’s McHenry County home after answering a Craigslist ad for sex with Smith, the woman who was posted by Timothy, according to the Tribune. However, when he arrived, Kimberly Smith got cold feet and decided that they do not want to proceed.
Milliman reportedly angry and violent, and when Kimberly Smith cried for him, her husband walked into the next room with a gun. He shot Milliman in the back.
Smith was previously convicted of first-degree murder in the fatal shooting, but he got a new trial after an appeal court ruled that Prather must have instructed jurors that they have the ability of finding Smith guilty of the lesser charges of involuntary manslaughter.
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In the new process, Prather said that there is no evidence that Milliman “a threat or danger that is necessary in the force” and noted that Smith initially lied during a 911 call and the police, claiming the man was a home intruder.
On Thursday, Prather rejected less severe judgments of the second degree murder or involuntary manslaughter when they announced that the new conviction.
Smith will be resentenced next month. He was in the first instance, a 50-year prison sentence.
Timothy and Kimberly Smith has since separated.
Lucia I. Suarez Sang a Reporter for FoxNews.com. Follow her on Twitter @luciasuarezsang