Jury ends second day of deliberations in fatal Hwy. 169 road rage shooting

Jurors in the fatal Hwy. 169 road-rage shooting ended their second day of deliberations after telling the judge Wednesday afternoon that they cannot reach a consensus on the first-degree murder charge, but they have unanimous agreement on two other counts against Jamal Lindsey Smith.

Smith, 34, of Chicago, is accused of killing local youth baseball coach Jay Boughton, 56, during a drive-by shooting in Plymouth on July 6, 2021. Smith is charged with first-degree murder — acting alone as the shooter or in aid of the crime — and second-degree murder while committing a drive-by shooting, as well as a third count of unlawful possession of a firearm.

After deliberating since Tuesday afternoon and into Wednesday, the jury asked the court what happens if they can't reach consensus on all three counts.

Hennepin County District Judge Nicole Engisch told the jurors, after consulting with attorneys, that they need to go back into the deliberation room to find consensus on first-degree murder, with the disclaimer that her decision is not meant to rush or pressure jurors.

"Given the length of this case and trial, I don't find it appropriate at this stage for me to be in any interference or directing them what they should do other than encourage them to [deliberate]," Engisch said.

In the written question from jurors to Engisch, they said they "were not sure if further debate will bring us to a consensus" on first-degree murder. But they wondered if their consensus on the other two counts would stand if they remain at a stalemate. In the event that the deadlock cannot be resolved, Engisch said that would mean a hung jury.

She said that the jury's difficulty in reaching an agreement "is not unusual or surprising" as "bringing 12 minds to a unanimous agreement … is a difficult task."

During the trial, Smith's attorney Emmett Donnelly said that Smothers lied in his grand jury testimony when he said he was sleeping during the shooting. In closing arguments, prosecutor Dan Allard said Smothers was actively texting at the time, so he couldn't be the shooter.

Boughton was driving on Hwy. 169 with his teenage son from a ballgame in Coon Rapids to their Crystal home when he was shot below his left ear during what experts call a clear case of road rage. Harrison Boughton, 16, testified on the first day of trial that Smith's car was speeding and swerving into their lane, so his dad honked and flipped his middle finger.

Smith denied seeing Boughton's car or having any interaction with the driver. But prosecutors showed the jurors traffic surveillance of the two men's vehicles driving side by side in the moments leading up to the shooting that night.