A judge on Thursday threw out a murder charge against a Mobile man who shot another man to death with a shotgun last year.
Mobile County Circuit Judge Jill Phillips ruled that the evidence presented at a hearing Thursday indicated that the man who suffered the gunshot, Matthew Smith, was the aggressor during the February 2023 encounter.
“It was uncontested that Matthew Smith was the initial aggressor who had beaten his wife earlier in the day causing visible, physical injury to her; that he threatened physical harm and death” of her neighbors, the judge wrote. The neighbor then called Kimbler, her brother-in-law, who left his job as maintenance engineer, picked up his wife and shotgun, and then drove to the trailer park.
It was uncontroverted that the area where the car was parked was described as very dark,” she wrote. “Defendant was beaten repeatedly in the face by Matthew Smith, who landed three blows. Defendant explained he could not return blows as he was seated inside the vehicle and that Matthew Smith would not stop his assault.”
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