A county judge Tuesday promised timely rulings regarding evidence and testimony in the homicide trial schedule to begin Monday for an Eau Claire man charged in the shooting death of his mother’s boyfriend.

Prosecution and defense attorneys sparred over potential evidence and testimony in the trial of Dakota B. Hughes, 23, who has been charged with homicide and aggravated assault in the March 2, 2023, shooting of Seth G. Smith, 27.

Judge Joseph Kubit said he would issue rulings with the Monday, Feb. 12, date to start the jury trial in mind.

Defense attorney Al Lindsay asked Kubit to not allow the district attorney’s office to use testimony about Hughes’ conviction in November of a summary charge of accidents involving damage to an unattended vehicle or property. State police filed the citation following an Oct. 2, 2022, crash in Cherry Township, according to court records.

Lindsay argued testimony about the incident should be ruled inadmissible because the little, if any, value of testimony is outweighed by the prejudice it would cause in the minds of jurors.

Assistant District Attorney Mark Lope said he would only use evidence about the incident to discredit Hughes if he testifies and says he never lied to police.

He said Hughes was involved in an crash, left the scene, called 911 and reported his vehicle had been stolen.

“The truth is the truth,” Lope said.

In addition, Lope said statements from defense witnesses contained in a memorandum Lindsay filed last week about Smith’s propensity for violence are hearsay and they should not be permitted to testify about those statements.

Only people who witnessed or have firsthand knowledge about violence can testify about it, Lope said.

Lindsay said hearsay testimony is permitted from witnesses who testify about the character of a person, and character witness testimony will show Smith had a violent reputation and that Hughes feared Smith.

Hughes; his mother, Cara McKinney; his grandfather, Doug McKinney; his sisters, Liberty and Megan McKinney; and several others will testify, according to the memo.

Lope said Hughes didn’t witness Smith being violent. Instead, Hughes’ mother told people Smith was violent, he said.

“Anybody can say anything about anybody,” Lope said.

Jury selection begins Thursday, and the trial is expected to last three or four days. Hughes is being held in the county prison without bail.

The shooting took place in the home Hughes shares with his mother in Eau Claire, according to police.

Police said Smith and Cara McKinney entered the home while Hughes was in the kitchen. Hughes asked Smith to leave and said he wasn’t welcome there, and Smith responded and was walking toward Hughes when Hughes shot him, police said.

Smith was found on the dining room floor with three gunshot wounds to his chest and groin.

Police said reports of domestic violence between Smith and Cara McKinney had been made to state police in Venango County. The most recent incident was two weeks before Smith was killed.