Detroit Man Found Not Guilty In Shooting Of Federal Judge

DETROIT (WWJ) - A young man has been found not guilty of armed robbery and assault with intent to murder in the shooting of a federal judge last year outside his Detroit home.

Kevin Smith, 23, of Detroit, was found guilty Tuesday of three counts: firearm possession by felon, felony firearm, and armed robbery conspiracy.

Jurors announced the verdict just after noon.

Police say, on a Thursday night in March, 2015, Judge Terrence Berg was taking out the garbage in front of his home — on Oak Drive, near 7 Mile and Livernois, on the city's northwest side — when he was confronted by Smith and another man.

The suspects allegedly told Berg that he was being robbed and that they did not want to kill him. They then tried to force the 55-year-old back into his house. When a struggle ensued, one of the suspects opened fire, striking Berg in the right thigh.

Smith has maintained his innocence, stating last week that he didn't shoot the judge.

WWJ Legal Analyst Charlie Langton says the verdict boils down to one thing:

"The simple reason is that Judge Berg got on the stand and he could not identify Kevin Smith as the shooter," said Langton, "and that was very bad for the case. I was actually surprised that the prosecutor didn't offer up some kind of a deal.

"In any case you've got to make sure that the person who's on trial for attempted murder is identified by the victim; and, in this case, there was just some doubt, some reasonable doubt in the jurors' minds to undo that," Langton said.

Investigators have said they do not think that Berg was intentionally targeted.