Man accused of murder in Hwy. 169 road rage case testifies that he was not the shooter

A Chicago man on trial for the murder of a Twin Cities youth baseball coach testified Monday that a passenger in his SUV fired the shot that killed Jay Boughton last summer on Hwy. 169 in Plymouth.

Jamal Lindsey Smith, 34, was the last witness called by defense attorneys after prosecutors rested their case Monday afternoon following a week of testimony in Hennepin County District Court.

Smith, who pleaded not guilty to the fatal 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," he said. "He didn't deserve that. … Nobody deserves to die."

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

Earlier in the trial, a Wisconsin driver testified 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 cellphone videos show him with a .45-caliber handgun — the kind of weapon that killed Boughton — in the vehicle that day. But he vehemently denied pulling a gun on the Wisconsin driver and Boughton.

Smith said a "loud boom" shocked him and a 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," he 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 his phone show him holding guns.

Throughout the trial, defense attorneys argued that prosecutors 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," attorney Emmett Donnelly said.

Judge Nicole Engisch denied the defense motion and said jurors may agree with Donnelly, but it's 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 Smith; Smothers has missed repeated court dates in a separate case in Indiana.

Boughton's family, including his wife, Kristin, have been in the Minneapolis 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."

The jurors listened to some of the calls in which Smith asked Hardin to delete — not deactivate — his Facebook account. Smith also told Hardin to refuse to cooperate with investigators.

In a call with the unidentified man, Smith told 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 speaking 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."

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 murderer when he did?" Lutz asked.

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