Monday, the attorney for a man jailed in a fatal hit and run urged a judge to set his client free. 41 year old Aaron Harmon is charged with murder in the October death of 44 year old Matthew Smith. Police say Harmon was the driver of a Cadillac that struck and killed Smith – and injured another pedestrian – outside Cheers Tavern, 3832 N. Broadway. The judge is taking the request under advisement.