A Gainesville man accused of attempted murder in an August shooting of his girlfriend was convicted by the jury on lesser charges of reckless conduct and aggravated assault, according to court documents.
The jury returned its verdict before 5 p.m. Wednesday, May 11, for Clinton Andrew Smith, who was facing charges of attempted murder, aggravated battery and aggravated assault.
Superior Court Judge Jason Deal sent the jury into deliberations after 11:30 a.m. Wednesday following closing arguments by both sides.
The defense tried to prove that the gun was unsafe and was fired unintentionally. Smith took the stand in his own defense Tuesday, May 10, saying he was trying to scare off a dog Aug. 9 when he encountered his girlfriend, Kristina Rosenberg.
Smith said he went up to the Cool Springs Road house to see if Rosenberg’s daughter was still there.
“All I wanted to do before I shot that gun was go inside and ask if (Rosenberg’s daughter) was still here, because both her and her mama are terrified of guns,” Smith said Tuesday on the stand.
Rosenberg testified Monday that Smith came onto the porch Aug. 9, 2021, with a gun in his hand, and she moved the gun with her hand. In the attempted murder charge, Smith was accused of pointing the gun at Rosenberg’s head before shooting her in the chest.
“I think me pulling it down made his hand hit the trigger,” Rosenberg testified.
The prosecution, however, brought witnesses that showed how Rosenberg has told conflicting stories about the shooting being accidental.
The jurors were allowed to consider two less serious charges of reckless conduct and pointing a gun at another for each of the three counts.
They ultimately decided to convict Smith of reckless conduct on two counts instead of attempted murder and aggravated battery. The jury also found Smith guilty of aggravated assault.
Smith will be sentenced Thursday, May 12, according to the prosecution.