CLARKSVILLE -- A Johnson County Circuit Court jury is deciding the guilt or innocence of Fred Kauffeld, who is on trial in the May 2015 shooting death of sheriff's Auxiliary Deputy Sonny Smith.
A jury of six women and six men deliberated for an hour Thursday afternoon before deciding to return at 9 a.m. today to resume deliberations.
Kauffeld, 52, is charged with two counts of capital murder, two counts of attempted capital murder and one count of burglary. One of the capital murder counts accuses Kauffeld of killing a law enforcement officer while in the performance of his duty. The other accuses him of killing Smith while in flight from a burglary.
Kauffeld was charged with attempted capital murder counts for the two other deputies who were in the line of fire when Smith was shot.
Kauffeld testified in his own defense Thursday and said Smith shot at him first and that he shot back in self-defense, killing Smith.
Under questioning by his attorney, Bill James of Little Rock, Kauffeld said he was trying to hide from Billy Nobles -- whose home he is accused of burglarizing -- and was asleep in the bushes about 10 feet off County Road 1723 about 2 a.m. May 15, 2015, when he woke.
"The next thing I know, someone was shooting at me," Kauffeld said.
In response, he said, he fired all five rounds in his .22-caliber rifle into the night. Two of the rounds struck Smith, one in the upper left side of his chest and the other in the left thigh.
Kauffeld said no one identified themselves as law enforcement until after the shooting. James told jurors in his closing argument that Kauffeld is innocent of the capital murder and attempted capital murder charges because Kauffeld didn't know he was firing at sheriff's deputies. He also testified that Kauffeld was justified in returning fire to save his own life.
Prosecuting Attorney David Gibbons said in his closing argument that Kauffeld's story was not believable. He said it was more likely that Kauffeld knew that the people approaching his position were law enforcement officers and that he was going to shoot when they got close.
Jennifer Floyd, firearms and tool mark examiner with the state Crime Laboratory, testified that the bullet Forsyth removed from Smith was fired from Kauffeld's .22-caliber Marlin rifle.
Kauffeld said Nobles had shot at him twice after Nobles returned home and found Kauffeld inside. Kauffeld ran out the other door, dropping his rifle as he fled. Kauffeld said he hid nearby, then broke through Nobles' glass door to retrieve his gun.
State Desk on 05/27/2016