DOVER, Del. (AP) — The husband of a Wilmington woman killed after taking her dog for a walk is suing the former Fort Drum, N.Y., soldier charged in her death.

The lawsuit filed Thursday accuses 25-year-old Dwight L. Smith Jr. of reckless and wanton conduct in striking 65-year-old Marsha Lee with an SUV in December 2011. Authorities have said that after hitting Lee with the vehicle, Smith threw her inside, raped her and beat her to death.

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Smith once wrote that he might have become “addicted to killing people” while serving in Iraq and Afghanistan. His family has suggested that he has post-traumatic stress disorder.

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Smith was examined over five days last month at the Delaware Psychiatric Center, but results of the psychological testing are sealed. He has not yet been returned to prison.

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