Jury to resume deliberations Friday in Eau Claire homicide case
The jury in the homicide case against an Eau Claire man charged with killing his mother’s boyfriend last year will resume deliberations Friday.
Common Pleas Court Judge Joseph Kubit dismissed the jury after the panel deliberated for about three hours Thursday following closing arguments.
The district attorney’s office asked the jury to convict Dakota B. Hughes, 23, of first-degree murder in the March 2 shooting death of Seth G. Smith, 27, of Venango County, in the home Hughes shares with his mother.
In closing arguments, Hughes' attorney said the shooting was an act of self-defense and asked the jury for mercy, while the district attorney's office said Hughes carried out a premeditated plan to kill Smith.
“He believed his life was in danger or he would be seriously injured,” defense attorney Al Lindsay said during his closing.
Lindsay argued Smith was the aggressor and Hughes had no place to retreat and only seconds to react when Smith approached him.
Smith was reaching into his pocket for a “thumb stud” folding knife — which allows the user to extend the blade while holding the knife with one hand — when Hughes shot him, Lindsay said.
“Our defense is self-defense,” Lindsay said.
He described the shooting as an “inevitable tragedy” for which Smith, Smith’s parents, Hughes' mother (Carri McKinney) and state police bear more blame than the defendant himself.
“Everybody wants justice for Seth,” Lindsay said.
He recited an excerpt from William Shakespeare's “The Merchant of Venice” about mercy before asking for mercy for Hughes and his family.
“Show mercy to this family. Have mercy upon him, I beg of you,” Lindsay said.
Assistant District Attorney Mark Lope said Hughes committed first-degree murder. Hughes believed Smith was coming to his house, armed himself in advance and shot him as he had threatened to do.
“We think it was premeditated by the defendant,” Lope said.
Hughes told McKinney in a text message her new debit card had arrived at the house, and he believed Smith would be with her when she came to pick it up, Lope argued.
He said Hughes' contention he had his handgun in his waistband like he normally does when he is home is not credible because the holster and ammunition for the gun were found on the dining room table.
Lope recalled testimony from Smith's stepfather, who said Hughes told him he would kill Smith the next time he saw him. March 2 was the next time he saw Smith, Lope said.
“It was obvious. Dakota pulled a gun on Seth,” Lope said.
He said Hughes told police during an interview he feared being beaten until he was unconscious by Smith, but didn’t mention the knife. He said the knife was a “red herring” because Smith didn’t use it and it has nothing to do with the case.
He said no one knows what happened between McKinney and Smith, but Hughes believed Smith had harmed her.
McKinney testified about several incidents in which Smith struck and mistreated her and threatened her and her family.
Lope also argued people who lie about little things will lie about bigger ones.
Hughes' claim he was washing dishes for an hour before Smith and McKinney entered isn't true, Lope said. He cited police photos of the kitchen showing two dishes in a drying rack with stacks of dirty dishes nearby.
Lope also noted in October 2022 Hughes left the scene of a traffic collision in which his vehicle hit a guard rail in Cherry Township and then reported his vehicle stolen. Hughes pleaded guilty to a summary traffic violation in the case.
