MILWAUKEE COUNTY

Milwaukee man found guilty of homicide in shooting of corrections officer after minor crash

Ricardo Torres
Milwaukee Journal Sentinel
Matthew Lee Wilks looks toward his family members in the gallery as he is led into the courtroom.

Members of the Smith family wiped tears from their eyes and hugged each other as the verdict was read. Guilty. 

A jury found Matthew Lee Wilks, 36, guilty of first-degree intentional homicide Tuesday in the death of Tracey Smith, 47, last August in an apparent case of road rage. The jury, which deliberated for about an hour, also found Wilks guilty of possession of a firearm by a felon. 

Sentencing — a mandatory life term with the only variable the eligibility to leave prison under supervision — was scheduled for May 8. 

Closing arguments Tuesday turned on whether Wilks intended to kill Smith and what weight his words at the scene moments before the fatal shooting should carry with jurors.

According to testimony Monday from Smith's son, Caleb, 18, and other witnesses, the confrontation with Wilks began after a minor crash Aug. 30 at the intersection of West Capitol Drive and North 51st Street. Caleb Smith was driving under a learner's permit, and Tracey Smith was in the passenger seat.

Caleb Smith testified to hearing honking from the van behind them, driven by Wilks, while at a red light, but he could not move forward.

Witnesses said Wilks pulled around the Smith car and cut in front of them, causing minor damage to both vehicles and leading to a verbal confrontation between Wilks and Tracey Smith.

Smith reportedly got out of the car and said "what are you doing?" while also cursing at Wilks. 

Two witnesses, including Caleb Smith, testified to hearing Wilks say, "Bitch, I'll kill you" before firing at Tracey Smith. 

Wilks shot Smith in the chest, an act his defense attorney's contended was in self-defense. 

Wilks then did a U-turn and drove off. 

Closing arguments

Wilks decided not to testify to his claim of self-defense.    

In not testifying, prosecutors argued the defense had not presented enough evidence to support Wilks’ claim that he acted in self-defense.

Prosecutor Paul Tiffin argued in his closing statement that Wilks saying "Bitch, I'll kill you" before shooting and eventually killing Smith showed intent to kill. 

"Matthew Wilks had the mental purpose to take the life of another human being," Tiffin said. "His statement, 'Bitch, I'll kill you' followed immediately by a gunshot, shows he had the intent at that moment to kill her."

Tiffin also argued Wilks doing a U-turn after pulling the trigger "showed utter disregard for human life." 

Defense attorney Bridget Krause argued that one witness stated to dispatchers during the 911 call to hearing Wilks say "Bitch, I'll shoot you" — not using the word "kill." The 911 call was played for the jury. 

"Every day people say things out of anger, out of frustration, out of emotion that they don't mean," Krause said. "Mr. Wilks did not intend to kill Tracey Smith... Mr. Wilks was reckless." 

Krause said Wilks did not approach Smith but opened the door and looked behind him to understand what was going on at the time.

Krause added that Wilks cooperated with police by telling them where his van was at the time of his arrest. 

"Has (the van) been scrubbed; has it been cleaned so he can show people it wasn't his?" Krause said. "No. His stuff is in it... he didn't try to hide it." 

Tiffin argued just because police were able to locate the van did not mean evidence was not hidden.

"What you haven't seen in this trial is a gun," Tiffin said. "Where's that gun? (Wilks) drove away. The gun disappears somewhere in the city... how, really, cooperative are you when you cause the murder weapon to disappear into the city?"

Tiffin also argued Wilks did not open the door to see what had happened in a minor traffic crash. 

"You don't open the door to see what happened in a minor accident holding a gun," Tiffin said. "Yes, people say lots of stuff they don't intend... but how often do people make a comment like that and follow it up immediately by pointing a gun at a human being and firing a shot, pull the trigger after saying 'Bitch, I'll kill you.' "