Scott Schmidt withdraws original plea

APPLETON - A former Appleton firefighter charged with killing his wife has withdrawn his not guilty by mental illness plea. 

Scott Schmidt's trial starts today.  He withdrew his plea before the jury arrived.  He is still pleading not guilty.  This means the second phase of his trial will not take place.

Defense attorney Greg Petit acknowledged his client, Schmidt, did kill his wife. He is asking the jury to seek a lesser charge of first or second degree reckless homicide. Schmidt was charged with first degree intentional homicide.

"You will come to the conclusion that Scott Schmidt is guilty of homicide, but not in the first degree," said Petit.

Outagamie Co. District Attorney Carrie Schneider maintains the act was intentional.

"We will prove to you the defendant engaged in the commission on an intentional homicide," said Schneider. "You'll learn through the evidence and testimony that (Kelly Wing-Schmidt) had three gunshot wounds to her head."

The first responder at the scene, Appleton Police Lt. Charles Klauck, said Schmidt confessed.

"He said 'I had to do it,'" said Klauck. "That's the only real conversation. I didn't ask him anything. I was just patting him down."