An Eau Claire man plans to argue he shot and killed his mother’s boyfriend in self-defense in a jury trial scheduled to begin in a little more than a week.

According to a trial memorandum filed Wednesday, Jan. 31, Dakota B. Hughes, 23, plans to assert self-defense in his case against homicide and aggravated assault charges filed by state police in the March 2 death of Seth G. Smith, 27, of Venango County.

Hughes shot Smith in the home Hughes shared with his mother, Carri McKinney, according to police.

Jury selection is scheduled to begin Thursday, Feb. 8, and the trial is to start the week of Feb. 12 in Common Pleas Court before Judge Joseph Kubit.

In the memorandum, defense attorney Al Lindsay said evidence will show Smith, who was wanted on active warrants, threatened more than once to kill McKinney and her children, including Hughes.

Smith assaulted McKinney during an argument in Venango County in February last year over his belief that she was going to turn him over to police, according to the memo. He then had her drive behind him in her truck, but he drove too fast for her to keep up. He turned around, sped toward her and ran her off the road, according to the memo.

McKinney drove to the home of Smith’s mother, who told McKinney to call the police despite her fear of police involvement, and charges were filed against Smith, according to the memo.

McKinney will testify that police had Hughes talk his mother into pressing charges against Smith, but she didn’t want to, because Smith said he would kill her and her children if he found out she turned him in, according to the memo.

The memo claimed in November 2022 Smith assaulted McKinney and hit her with a shotgun after dry firing it at her, and other incidents including one from January or February 2023 in which he allegedly assaulted her during an argument.

According to the memo, McKinney’s children will testify that Smith abused her and that he had drug, alcohol and anger issues.

In her testimony about the day of the shooting, McKinney will say Smith became upset after learning Hughes told her that her new debit card had arrived at their home, and said Hughes needed to respect her. Smith repeatedly hit himself in the head as he became upset, according to the memo.

When Smith and McKinney arrived at the home, Hughes told Smith no one wanted him to be there and asked him to leave twice. Smith told Hughes he was there with his mother, it was her house and Hughes needed to learn to respect that, according to the memo.

McKinney told Smith it was time to leave as he was yelling and lunging at Hughes, according to the memo. She told Smith it was time to leave a second time, and then heard Smith ask Hughes if he was going to be a tough guy and stand up for his mother, according to the memo. She said she was in an adjoining room and could only see Smith from behind.

She said Hughes told Smith to get away. Smith then said “come on tough guy” before she heard gunshots. Smith stumbled and grabbed McKinney, and she told Hughes to get out and call 911, according to the memo.