Dakota B. Hughes

The family of an Eau Claire man said they are happy he is coming home Friday after a Common Pleas Court jury acquitted him of homicide charges he was facing in the March 2 shooting death of his mother’s boyfriend.

Dakota B. Hughes, 23, was found not guilty of killing Seth G. Smith, 27, of Venango County, in the home of Hughes and his mother.

The jury of seven men and five women began deliberating Thursday afternoon but was sent home having not reached a verdict. They reached the verdict around 10:30 a.m. Friday.

They found Hughes not guilty of first-degree and third-degree homicide, voluntary and involuntary manslaughter and aggravated assault. Judge Joseph Kubit told Hughes he was “free to go” after the verdict was read. Hughes had been held in the county prison without bail since he was arrested the day after the incident.

“We’re just very thankful for the verdict today,” said Hughes’ mother Carri McKinney. “We’re looking forward to Dakota coming home.”

She said her son’s acquittal will allow the family to start to heal.

“We’re so relieved,” said Chris McKinney, Hughes’ grandmother. “Justice was served for Dakota.”

Hughes’ attorney Al Lindsay said he is grateful for the verdict and said the incident was a “cut and dried” case of self-defense.

He said the verdict was good for Hughes and affirms to county residents that firearms can be used in self-defense.

Assistant District Attorney Mark Lope said he respects the jury’s decision.

Members of Smith’s family declined to comment.

Many members of both families had attended the trial since it started Monday.

They saw and heard a lot of evidence, including a video recording of the interview state police conducted with Hughes, autopsy photos of Smith, police photos of the shooting scene and recordings of calls to 911 from Hughes and his mother.

The shooting took place when Smith and McKinney went to her home so she could pick up her new debit card, according to testimony. Hughes, who testified Wednesday, said he told Smith he wasn’t welcome and told him to leave.

Hughes said he felt threatened when Smith approached, drew his handgun from his waistband and shot him. Smith was shot three times and was pronounced dead at the scene. A folded knife was found in his coat pocket.

Lope argued Hughes probably knew Smith would accompany his mother when she came to pick up her card, and planned to kill Smith when he arrived.

Smith’s stepfather testified that Hughes told him he would kill Smith the next time he saw him following a Feb. 17 incident in Venango County in which Hughes’ mother said Smith ran her off the road, returned and then head butted her along the roadside before leaving.

Hughes mother testified about several incidents in which Smith hit and strangled her and threatened her and her family. She said Smith was an alcoholic and grew increasing paranoid that she or someone else would turn him in to authorities because he was wanted on a warrant issued in Venango County.

She said they would stay in places like a shed at an abandoned home, a friend’s home and other places for a few days at a time before moving because he was worried about getting arrested.