Hwy 169 killing: MN Supreme Court denies appeal by convicted gunman

PLYMOUTH, Minn. (FOX 9) - The Minnesota Supreme Court has rejected an appeal filed by the man convicted of killing a youth baseball coach in a road rage shooting along Highway 169 in Plymouth.

Jamal Smith was found guilty of murder back in 2022, about a year after Jay Boughton was killed. He was later sentenced to life in prison.

What happened in the shooting?

Police said Jay Boughton was with his son, driving home from a baseball game when they encountered Jamal Smith along Highway 169.

Authorities said Smith was in a vehicle with friends, driving erratically, when he swerved his vehicle into Boughton's lane on a dark, rainy night in July 2021. Boughton responded by honking his horn and flipping Smith off.

In response, Smith pulled up his vehicle next to Boughton's and fired a shot into Boughton's vehicle, striking the baseball coach in the head.

Traffic camera video shows the suspect vehicle in the Highway 169 shooting. (MnDOT / Supplied)

How did the police connect Smith to the shooting?

Smith fled the scene in his vehicle after the shooting. Using traffic camera video, police identified the suspect's vehicle as a light-colored Suburban.

Nine days later, a matching Suburban was found abandoned in Minneapolis, which police thought could be connected to the shooting. Gunshot residue was also later found on the front passenger door.

The abandoned Suburban had been rented by Smith's girlfriend. Searching Facebook, police found Smith's profile and photos of Smith holding a gun that matched the caliber fired at Boughton's vehicle.

Cell phone data later placed Smith and his two friends in the area of the shooting on the night Boughton was killed.

After his arrest, police found text messages on Smith's phone including a news release from Plymouth police seeking information about the Suburban.

What were the grounds for the appeal?

In his appeal, Smith argued he deserved a new trial, saying that the district court was biased, his defense attorney was ineffective, the jury didn't accurately reflect a fair cross-section of the community, the court shouldn't have allowed the jury to consider his criminal history, and, finally, there wasn't enough evidence to show he was the one who fired the deadly shots.

Smith claims the judge made several unfair rulings against him throughout the case. He argues that his defense attorney failed by not moving for a change of venue for the trial.

As for the jury, Smith said the court erred by denying motions he made for the racial composition of the jury.

What did the Supreme Court say?

The Supreme Court ruled that the district court had acted properly in its rulings and explained the rationale behind its decision – including the decision to allow the jury to consider Smith's criminal history and a previous road rage incident involving Smith just hours before the deadly shooting.

As for the defense attorney, the court ruled that Smith failed to show a change of venue would have altered the outcome of his trial.

As for jury makeup, the Supreme Court determined that Smith had failed to show Black jurors were underrepresented on the jury – and that it was a result of an unfair selection process.

Finally, the Supreme Court ruled that there was sufficient evidence to show Smith was the one who fired the shots that killed Boughton, pointing to gunshot residue found on a crossbody bag that Smith was wearing and text messages sent after the shooting. Also, the justices pointed out that Smith only blamed the backseat passenger for firing the shots – despite evidence showing the shots were fired from the front seats of the Suburban.

"In sum, the only reasonable inference that can be drawn from the circumstances proved, when viewed as a whole, is that Smith shot Boughton," the opinion reads. "Accordingly, Smith is not entitled to a reversal of his conviction of first-degree intentional murder while committing a drive-by shooting."

Jay Boughton's family's statement

In a statement to FOX 9, Kristin Boughton wrote: "The news this morning was good news. But also emotional. We miss Jay everyday as his life was taken from me, Harrison and Amalie too soon in this senseless act of violence. But we celebrate his life by telling Jay Boughton stories and will continue to do that as his light shines on each one of us. We thank our family, friends and community for their tireless prayers and support of us these past 3 years. We thank our prosecution team of Dan, Erin, Sonita and our appellate lawyers for their efforts. We thank the Plymouth Police Department for their continued support of our family. We thank God for being just as we continue to stay in the light."