Woman accused in deadly Callaway County shooting out on bond
Erika McGuire
COLUMBIA, Mo. (KMIZ)
A Callaway County woman accused of shooting and killing a woman at an apartment complex earlier this month is out on bond.
Heather M. Smith, 37, was charged with second-degree murder, child endangerment, armed criminal action and three counts of unlawful use of a weapon. Her bond was lowered to $150,000 on Monday and she was released Tuesday afternoon from the Callaway County Jail.
Smith is accused of killing Kara Dills, 37. Court documents in previous reporting say the shooting started with an argument between Smith and Dills at Hunter Lane Apartments. The documents cite nine witnesses to the shooting.
Video obtained by ABC 17 News shows the moments leading up to the deadly shooting at the Hunter Lane apartments on April 13.
Smith’s private investigator Cody Vaughn said his children are related to Smith’s oldest child. He said the fight started over children’s bicycles early that Sunday afternoon.
The Callaway County Sheriff’s Office said at 12:38 p.m. they received a non-emergency phone call from a resident at Hunter Lane Apartments. The caller was confirmed to be a family member of Dills who expressed concerns that a neighbor was bullying her grandchildren. However, the caller did not request a deputy to respond.
According to Vaughn, the initial argument was between Dills’ mother and Smith. He said after roughly two hours Dills showed up and an altercation began between her and Smith.
About eight people are in the Hunter Lane Apartments parking lot as the argument began. The video shows Smith and Dills arguing with each other then Dills shoves Smith. Then Smith pulls out a gun and points it at multiple people.
Vaughn said Dills assaulted Smith first.
“Thats when the weapon is first drawn, there has been physical contact, it is already an assault,” Vaughn said.
The video then shows Dills run to a vehicle and grab a gun. She is then allegedly shown pistol whipping Smith.
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.
Just before the video ends it shows Dills turns as if she is going to walk away. Former Cole County Prosecutor Bill Tackett said that moment will be key in court.
“I see the victim’s right arm turn and it’s this turn here, I haven’t seen the rest that would make you believe that they were retreating,” Tackett said.
Defense Attorney Ted Luby is representing Smith and argues she acted in self-defense.
“Its absolutely lawful self-defense, 10,000%, she’s 5’2, I think there was a 6-foot-5 gentlemen, along with a mob of others attacking her and threatening to kill her and injury her under those circumstances she’s entitled to use self-defense,” Luby said.
Proving self-defense will be the focus, if the case goes to trial and Tackett said a jury will have to focus on the Smith’s state of mind at the time of the shooting.
“Does the shooter believe they’re in imminent danger of death, serious physical injury or forcible felony thats what a judge or jury would have to look at.” Tackett said.
“She only has to reasonably believe she is in danger, the law doesn’t even require that she actually be in danger, the jury instructions say that specifically,” Luby added.
Vaughn said the best outcome would be self-defense.
“She’s a great mother, she’s dedicated to the community, she’s a very giving person I think justice would be a self-defense ruling,” Vaughn said.
Smith is due in court on May 28. Luby said he will work to get the case dismissed.
ABC 17 News reached out to the Callaway County prosecutor.