Sarah Lynn Smith is accused of shooting Tim Robinson in the head, but Tuesday her lawyer told the jury she didn't pull the trigger. He did.
A 9-1-1 call back in January of 2003 brought Leon County deputies to the home of Sarah Smith and her live-in boyfriend, Tim Robinson.
Deputy Michael Crump responded and found Tim Robinson unresponsive on the bedroom floor with a pool of blood beneath him. At first he thought Robinson was hurt and passed out drunk, but a call from the hospital would soon reveal a bullet lodged in his brain.
"She started crying excessively to the point of wailing. She started cursing several times, expletives to the fact that she couldn't believe he shot himself,” recalls Crump.
Sarah Smith's attorneys contend that's exactly what happened that the depressed, unemployed musician shot himself that night and she didn't realize it.
"After you've heard all the evidence in this case, you'll find this is a tragedy, not a crime,” explains Smith’s attorney, Don Pumphrey.
But prosecutors are convinced that Sarah Smith did shoot her boyfriend because her 22 derringer was secure in a lock box under the bed.
Kathy Ray, prosecutor, says, "Mr. Robinson could not have shot himself and put that gun back in a box,” adds prosecutor Kathy Ray.
Sarah Smith's son, Vincent, who was home that night, is expected to testify in return for immunity. The trial will continue Wednesday.