The character of the suspected Hwy. 169 road rage shooter was painted in starkly contradictory terms during a hearing Tuesday in his murder case, with the prosecution alleging that he's been tampering with witnesses and the defense saying he's a man of faith and father who poses no risk to public safety.
The comments from prosecutors Daniel Allard and Erin Lutz, and defense attorney Emmett Donnelly came as they debated in Hennepin County District Court whether bail for Jamal L. Smith, 33, should be lowered from the $3.5 million as the case goes forward. Smith is charged with fatally shooting 56-year-old Jay Boughton of Crystal as their vehicles traveled south on the Plymouth highway near the Rockford Road exit.
Judge Nicole Engisch was not swayed by the defense, gave "paramount consideration to public safety concerns" and left the bail amount unchanged. That means Smith remains jailed on charges of first-degree murder, second-degree murder during a drive-by shooting and being a felon in possession of a firearm. The weapons charge stems from Smith's convictions for unlawful use of a gun while a felon in possession of a firearm.
Donnelly, sitting next to his client at the jail, pointed out that former police officer Derek Chauvin's bail amount was $1 million before he was convicted of murdering George Floyd. He noted that recent data he received from Hennepin County District Court shows that the average conditional bail amount for someone charged with the same counts in Smith's case is closer to $650,000, and that was the amount the defense attorney requested.
"The government doesn't even know if Mr. Smith is the shooter or not the shooter," Donnelly said, pointing to the aiding-and-abetting murder counts that were initially filed and then replaced by the grand jury's first-degree murder indictment last week.
"There is an effort here to brand Mr. Smith as a monster for the purpose of making him to appear less than human," Donnelly said, referencing prosecution court filings alleging similar road rage incidents by Smith that stopped short of someone being shot. "We shouldn't have to be here to defend a man's character. Mr. Smith is a man of faith; he has children. He and his children thank God every day for the gifts that they have, for the life that they have, and for God shining down upon them every day. So don't prejudge Mr. Smith here."
The prosecution late last month leveled further allegations about the defendant, saying in a court filing that for weeks and months before the shooting Smith had "pointed guns at other motorists for minor reasons while driving." The accusations were part of the prosecution's notice that it intends to bring up at trial a pattern of criminal behavior that is consistent with the charges leveled against Smith, who would be sentenced to life in prison without the possibility of parole if convicted.
Prosecutors Allard and Lutz countered that Smith is not only a risk to flee if set free but also a danger to the public, and bail should remain at $3.5 million. Allard also noted that Smith has a violent criminal history that includes assaulting a police officer.
