Prosecution rests case against man accused in fatal Hwy. 169 shooting

A Chicago man on trial for the murder of a Twin Cities youth baseball coach took the stand on Monday and said another passenger fired the shot that killed Jay Boughton on Hwy. 169 last summer.

Jamal Lindsey Smith, 34, was the last witness called by defense attorneys after prosecutors rested their case Monday afternoon following a week of testimony. Smith, who pleaded not guilty to the charges stemming from the drive-by shooting July 6, 2021, wiped his eyes when he said Boughton didn't deserve to die.

"I beat myself up all the time..." Smith said. "He didn't deserve that...Nobody deserves to die."

Smith is accused of murdering Boughton in a road rage shooting. The prosecutors asked him repeatedly whether he "reacts against people" when he loses his temper, which Smith denied.

Earlier in the trial, a Wisconsin motorist testified that he thought he was going to be "shot full of bullets" when Smith pulled a gun on him a few hours before the fatal shooting in Plymouth.

Smith admitted to being the driver and illegally possessing guns. His cell phone videos show him with a .45 caliber handgun — the kind of gun that killed Boughton— in the vehicle that day, but he vehemently denied pulling a gun on the Wisconsin driver and Boughton. Instead, he said that it was backseat passenger Brandon Smothers who rolled down the window on a stormy night and fired the shot at Boughton.

Smith said a "loud boom" shocked him and the passenger in the front seat, and the two were "trying to figure out what that was and what just happened."

"It could've been the thunder. It could've been a gunshot. I could've been shot," Smith said. "I literally did not know what it was. [Smothers] didn't explain anything to us."

Prosecutor Dan Allard questioned Smith's testimony about thunder because he said Smith is very familiar with guns and dozens of photos on Smith's phone show him holding guns.

Throughout the trial, Smith's attorneys have argued the state did not present enough evidence to prove Smith was the shooter.

"Their entire case is a character attack trying to draw inference from jail calls ... and videos, none of it is any evidence whatsoever that he fired a shot or that he requested or promoted anyone to do that," said Smith's attorney Emmett Donnelly in moving for the court to acquit Smith because the state didn't prove beyond a reasonable doubt that he was the shooter.

Judge Nicole Engisch denied Donnelly's motion and said jurors may agree with Donnelly, but it's up for them to decide.

The men who were in the SUV with Smith that day — Smothers and Antoine Smith — have not testified. Investigators have said they could not locate Antoine Smith; Smothers has missed repeated court dates in a separate case in Indiana.

Boughton's family, including his wife Kristin, have been in the Hennepin County courtroom for every day of testimony. His 16-year-old son, Harrison, who was in the passenger seat when his dad was shot, testified the first day of trial.

Boughton's brother-in-law Stephen Robinson praised the prosecutors Monday.

"The family has been in great hands," Robinson said. "We continue to trust the process and trust that we get to the truth."

On Monday morning, prosecutors played recordings of jailhouse calls between Smith and his girlfriend, Rondelle Hardin, of St. Louis Park, and another unidentified man.

The jurors listened to some of the calls where Smith is asking Hardin to delete — not deactivate — his Facebook account. Smith also told Hardin to not cooperate with investigators.

In a call with an unknown man, Smith tells him to avoid "papers," meaning subpoenas. Smith denied saying this during his testimony.

Hennepin County jail deputy Bradley Swanson testified that he interacted with Smith on Dec. 26, 2021, when another inmate was harassing a nurse passing out medications and Smith began saying things to the nurse.

"I turned my attention to him and said mind your business," Swanson said.

Smith asked Swanson if he knew who he was, and in the ensuing conversation, Swanson testified, Smith referred to himself as "a nationwide murderer."

Swanson told Smith he was going to log that in behavior notes. Swanson testified that Smith said, "Go ahead... I don't care. I'm a murderer."

On cross examination, defense attorney Kellen Dotson asked whether Smith said he was responsible for this murder in Minnesota. Swanson said he did not.

Dotson also asked if Swanson ever looked at security cameras or his body camera to confirm this conversation occurred. Swanson said he did not, but clarified under questioning from the prosecutor that body camera activates if he pulls a Taser or double taps to turn it on.

"Did you know the defendant was going to tell you he was a nationwide murder when he did?" Lutz asked.

Swanson said no, and added that he logged exactly what Smith said.

Closing arguments are expected Tuesday morning.