Woman charged with six felonies including murder in Callaway County shooting
COLUMBIA, Mo. (KMIZ)
Prosecutors charged a Holts Summit woman Thursday with six felonies in a shooting that killed one person and left two others injured.
Heather M. Smith, 37, was charged with second-degree murder, child endangerment, armed criminal action and three counts of unlawful use of a weapon. She was in the Callaway County Jail without bond on Friday morning. Smith is accused of shooting and killing 37-year-old Kara Dills.
Court documents say the shooting started with an argument between Smith and Dills at Hunter Lane Apartments. The documents cite nine witnesses to the shooting.
Video surveillance showed Smith threatening witnesses with a pistol before the shooting. One witness allegedly tried to disarm her after she pointed the gun at several people, but was not successful. Documents say that her 8-year-old son was standing next to her during the altercation.
Dills allegedly got a gun and pistol-whipped Smith on the forehead, documents say. The gun went off, grazing a man later identified as Thomas Jones, 71, on his head, according to the probable cause statement. After Dills lowered her gun and started to walk away, Smith shot her in the stomach, the statement says. She later died.
Former Cole County prosecutor Bill Tackett said he doesn't see a self-defense argument in Smith's favor.
"You can only use self-defense in a case where there is an aggressor, and you can only use the force that is being used against you," Tackett said. "If it's not lethal, you can't use lethal force."
Although Dills hurt Smith first and pistol-whipped her, as court documents describe the incident, Tackett said it doesn't justify murder and it all comes down to timing.
"The victim had pistol-whipped or assaulted the defendant early in the argument, that's separate," Tackett said. "You can't say 'oh you assaulted me last Monday, so now I am going to use lethal force on you.' It has to be immediate."
Jones was later charged with fourth-degree assault for failure to listen to deputies.
Smith tried to return to the victim but was stopped by a witness, the documents say.
Investigators found the gun used in the shooting at Smith's home. She was arrested Friday morning in a traffic stop outside Holts Summit.
A celebration of life was held for Dills on Friday afternoon.
