A Marine staff sergeant who was found dead Aug. 27 in North Carolina was killed by his estranged wife in an act of self-defense after he killed her boyfriend, the Onslow County Sheriff's Office said Thursday.

Staff Sgt. Cody Smith, 33, was based at Camp Lejeune, North Carolina, with the 2nd Light Armored Reconnaissance Battalion, 2nd Marine Division.

Smith and his wife were in the process of a divorce when he went to her home in Richlands, North Carolina, according to Onslow County Sheriff Hans Miller.

The developments were first reported at military.com.

"We don't have any video so we cannot exactly state what happened, but he did restrain his estranged wife," Miller told Marine Corps Times on Thursday. "Then he used her phone to contact her boyfriend and had him come over."

Miller said he can't confirm exactly what happened, but "one thing led to another and the staff sergeant shot and killed the [wife's] boyfriend."

Smith brought two handguns -- a .380-caliber and a .45-caliber -- with him to the wife's residence, along with restraining devices that included handcuffs.

"He arrived with the intent to commit serious crime," said Miller, who served 26 years in the Marine Corps and retired as a major.

The investigation shows that Smith then set the house on fire.

"After he shot the boyfriend … he used lighter fuel to start a fire in the closet on the second floor," Miller said.

The autopsy of the boyfriend showed he was most likely deceased before the fire because there was no soot in his trachea or lungs, Miller said.

"That could be two things: It could be the fire was localized in one area and he was far enough away, or probably he was already dead by that time."

After the fire started, Miller said Smith's wife freed herself from the restraints and was able to get one of the guns.

"She was distraught, and she knew what her estranged husband had just done," Miller said. "She knew that she was going to be next."

She shot Smith to stop him from harming or killing her, Miller said, which is in accordance with North Carolina's self-defense law. She then went outside and found the .45-caliber gun, which Miller said had not been used, and called 911.

Miller said Smith's wife won't be charge since she acted in self-defense.

"We believe her actions were justified to save her life," Miller said. However, it's always unfortunate when a human life is lost, he said.

"As a Marine, I feel bad whenever a Marine, or any other service member, commits to the dark side," Miller said. "You have to take action to make sure everybody stays on the right side of the law."

Smith completed two combat deployments to Iraq and two deployments to Afghanistan after joining the Marine Corps in June 2001, according to a news release from II Marine Expeditionary Force. He made staff sergeant in April 2012 and was serving as a platoon sergeant at the time of his death.


Charlsy Panzino covers Marine Corps, veterans education, employment and transition issues, as well as travel, entertainment and fitness. Email her at cpanzino@militarytimes.com. 

About Charlsy Panzino

Charlsy is a Reporter and Engagement Manager for Military Times. Email her at cpanzino@militarytimes.com.

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