Kevin Smith faces charges of armed robbery, conspiracy to commit armed robbery, assault with intent to murder, using a firearm to commit a felony and being a felon in possession of a gun. He is accused of shooting U.S. District Judge Terrence Berg one time in March 2015. Judge Terrence Berg. Prosecutors have said the Smith told Berg he had a gun and wanted to go into the judge's home with another person. Berg refused to let them in and was shot once in the right leg, officials said. It happened after Berg retrieved his garbage cans from the street in the University District neighborhood of Detroit.