the man driving the car was dennis smith. smith tried to get away. a fight and smith was shot in the scuffle. >> i was hoping that he was in a lot of pain. i wanted him to hurt. i crossed my fingers, though, that he didn't die. as much as i hate him and don't want him in this world, if he were to die, there was really no hope of finding my mom's body or for him having to suffer in prison. >> smith survived the gunshot wound and returned to washington state to stand trial for kidnapping, rape, and the murder of carolyn killaby, even though police still hadn't found her body. smith pleaded not guilty and stood by the story that he was attacked by carolyn's husband in the parking lot of the bar and carolyn left with her husband. the defense reminded the jury that smith identified dan killaby from a photographic lineup, but prosecutors said smith probably recognized killaby from television news reports about his wife's disappearance. >> it amazed me how the defense always tries to twist the victims in this horrible person when they never did anything to