MACOMB, IL – After the jury deadlocked in the murder trial last week for defendant Timothy Smith, which resulted in a mistrial, attorneys are preparing for a new trial set to begin in August, while the county tabulates the costs associated with the original trial, as well as the upcoming trial.
To date, the cost to the county to house Smith, 42, of Macomb, who has been held in the McDonough County Jail since October 2023, is close to $31,200 to date, according to Sheriff Nick Petitgout. The cost to house an inmate in the McDonough County Jail is $58 per day. Petitgout shared that Smith has been held at the jail for 616 days (as of June 13). The figure provided does not include medical expenses due to privacy laws. In addition, outside of jail costs, the county's costs incurred for the defense includes attorney Scott McClintock's flat fee of $25,000 and expert witness fees, estimated to be around $5,000.
Judge Nigel Graham declared a mistrial June 12 when the jury failed to reach unanimous decision after nearly six hours of deliberation Wednesday and Thursday. The case has been continued to an Aug. 5 pre-trial conference, with a new jury trial set for Aug. 25. Smith remains lodged in the McDonough County Jail.
Smith's trial began June 9 following the jury selection of eight men and two women. Smith, who chose not to attend, was tried in absentia. He has been charged with two counts of first-degree murder for Hocker's death, with each count carrying a minimum of 20 years and maximum of 60 years with 100 percent time to be served and a mandatory three years supervision. Smith was originally found unfit to stand trial by Dr. Joel Eckert; however, he underwent additional fitness hearings last year per court orders, with Dr. Sudarshan Suneja testifying that he was fit to stand trial.
There are four verdicts that could again be considered: not guilty; guilty; not guilty by reason of insanity, which means the defendant meets the legal definition of insanity at the time of the offense and is committed to a Department of Human Services facility where he could serve out his sentence and/or be released if DHS officials consider him to be mentally fit and no longer a threat to society, and guilty but mentally ill, which means Smith would be sentenced to the Illinois Department of Corrections.
State's Attorney Matt Kwacala, who noted this was his first experience with a mistrial, said he's disappointed that the case ended with the jury deadlocked, which forced Graham to declare a mistrial.
'We built a strong case, and I believe he was, and is, guilty,' Kwacala stressed. 'While I can't share my strategies for a new trial, it's still the same story and same evidence, and he will be tried again.
'My heart goes out to the Hocker family because they have to go through this again,' he added. ' A guilty verdict will provide closure, and I will do my best to give that to them. Timothy Smith needs to go to prison to serve out his sentence. He can receive any mental health he needs in prison.'
McClintock, of McClintock Law of Monmouth, shared with The Community News Brief that this mistrial was also a first for him, and he was surprised that the jury deadlocked.
'I thought they'd come to a unanimous decision one way or the other,' he said. 'It does surprise me we're doing this again in August.' A new jury will be selected on the opening day of the trial. According to McLintock, he'll present a lot of the same evidence, along with many of the same witnesses.
'It's obviously a lot of the same evidence; there will be no surprises from my end,' he said. 'I might call some different witnesses, but most will be the same evidence and testimony from the first trial. Not guilty by reason of insanity is the best verdict for Tim to get the treatment he needs.'
Smith, who was 40 at the time, and Hocker were both being held on domestic battery charges at the time of their respective arrests. Smith also was being held on additional charges of aggravated battery and other charges, according to police reports from Oct. 3, 2023. On or around Oct. 21, Smith was removed from the isolation cell and placed in a cell with Hocker. Nearly one month later, around 1 a.m., Nov. 8, 2023, two McDonough County jailers had finished their 20-minute rounds and had left the area where Smith and Hocker were being held together in a cell (a pod with a common area and three individual cells). After hearing noise and yelling, the jailers returned to the pod where they found Smith standing over Hocker, who was unresponsive. Hocker was transferred to McDonough District Hospital where he was pronounced deceased. Autopsy reports state that Hocker died from blunt force trauma and injuries sustained to the head and neck.
In addition to the new criminal trial, a civil suit has been filed by Hannah Mellentine, the adult daughter of Hocker. Mellentine filed a wrongful death lawsuit in October 2024 in U.S. Federal Court-Central Illinois District. The 10-count suit seeks damages in excess of $3.5 million for 'loss of life, conscious pain and suffering,' additional compensatory damages and punitive damages, and demands a 12-person jury trial.
