Dakota B. Hughes

CHICORA — Felony charges of criminal homicide and aggravated assault against an Eau Claire man accused of shooting and killing his mother’s boyfriend moved forward to Butler County Common Pleas Court during a preliminary hearing Tuesday, March 14.

The office of District Judge Lewis Stoughton was crowded with friends and family during the hearing for Dakota B. Hughes, 22, who is charged in the March 2 death of Seth Gooden Smith, 27, of Polk, Venango County.

A request for bail by defense attorney Al Lindsay was denied following testimony.

Dave Beichner, assistant district attorney, questioned state Trooper Codi Walker, the only person who testified. She said Hughes and his mother dialed 911 around 7:23 p.m. March 2 to report the shooting at their residence on Main Street in Eau Claire borough.

When she arrived on scene, Walker said she observed Smith lying on the dining room floor.

“It was apparent (Smith) suffered multiple gunshot wounds. He was shot three times, twice in the chest and once in the groin area,” she said.

Two shell casings were found in the kitchen area leading to the dining room, Walker said, and the 9 mm firearm apparently used to shoot Smith was discovered in Hughes’ car.

Hughes was interviewed at Troop D barracks and told officers he shot Smith from an arm’s length away.

“He indicated (Smith) entered the residence with (Hughes’) mother while Hughes was in the kitchen. Mr. Hughes asked him to leave and said he wasn’t welcome there,” Walker said. “(Smith) said something along the lines of ‘You wanna be a tough guy’ and was walking toward Hughes when he shot him.”

Smith had been dating Hughes’ mother, Carri McKinney, for approximately a year, she added.

Walker said Smith was not armed at the time, but a loaded magazine was found in his pocket during his autopsy. The firearm was not recovered.

During cross-examination, Walker said instances of domestic violence between Smith and McKinney had been reported to state police in Venango County. The most recent incident was two weeks before Smith was killed.

“Hughes did say he witnessed verbal domestic violence between them but was never present for any physical domestic violence,” she said. “(Hughes) mentioned something about how, ‘I thought (Smith) would beat me down,’ (to a trooper).’”

Following testimony, Lindsay asked Stoughton to set a bail amount for Hughes. Bail typically is not set for those charged with homicide.

“I understand this is a homicide case and the knee-jerk reaction is for no bond or high bond, but this is a very unusual case,” Lindsay said. “There are women who need men to stand up to other men, (Hughes) is such a man he defended his mother ... The alleged victim of this case had committed domestic violence against the defendant’s mother.”

Lindsay asked DJ McKinney, Hughes’ uncle, to testify to Hughes’ character during the bond hearing.

“He’s a great kid; I love him,” McKinney said. “He won’t even go deer hunting with us; he wouldn’t hurt a fly.”

“This kid has never been in trouble. He works hard in a family business ... look in the courtroom as to how many people support him,” Lindsay said in closing. “He’s not going anywhere; he’s not going to commit another crime. To keep him in prison at this time is not fair.”

Stoughton said the request for bail would need to be taken up in Common Pleas Court.