The judge on the case denied to accept her 'Stand Your Ground' stating that she failed to establish that she deserved immunity in the killing.
After undergoing one of the most harrowing experiences in her life, 32-year-old Brittany Smith is now facing a murder trial and possible life imprisonment for killing her alleged rapist. According to Daily Mail, the Stevenson, Alabama-resident claims to have been brutally raped and assaulted by a man named Todd in January 2018. Following this incident, she shot him dead as the attacker tried to choke her brother Chris McCallie. However, the Jackson County Circuit Judge Jenifer Holt refused to accept her plea stating that Smith had failed to establish that she deserved immunity in the killing.
"Upon consideration of all the evidence, the court finds that the defendant has given inconsistent accounts of the events surrounding Todd's death, beginning with the 911 call … and has attempted to alter or destroy evidence," wrote Judge Holt according to AL. "The court further finds that the defendant’s testimony about material facts was significantly at odds with the physical evidence, exhibits and other witness testimony." Prosecutors arguing the case claimed that it was Smith's brother McCallie who initiated the confrontation and brought the gun along with him to the scene which later led to the killing.
This case is so obviously, objectively outrageous that one's outrage implodes into a sort of numbness and disbelief. Women are not permitted to defend themselves; it is really that simple. https://t.co/uOmfIWY00G— Jessica Winter (@winterjessica) February 4, 2020
They continued arguing that Smith doesn't deserve the 'Stand Your Ground defense' as there were evident inconsistencies between what she had narrated to the authorities following the shooting and during her Stand Your Ground immunity hearing. Furthermore, they insisted that she lacked credibility. "Todd was staying the night with the defendant with her consent. The defendant had many opportunities to seek protection from Todd if she was afraid he was going to kill or harm her. She could have called the police. She could have called 911," Judge Holt pointed out.
THREAD: Brittany Smith, the Alabama woman who says she killed her rapist in self-defense, was denied a request to have her murder case dismissed. A judge ruled today that Brittany failed to prove she should be granted immunity under Stand Your Ground law.https://t.co/Qq1700Ll9K— Ashley Remkus (@aremkus1) February 4, 2020
Smith, who claims that incident occurred in January 2018, said that Todd arrived at her place, raped and brutally assaulted her and then threatened to kill her if she ever told anyone about it. However, Smith decided to confide in her brother. Subsequently, her brother came to her house with a gun and confronted Todd and a violent altercation began between them which ended with Smith fatally shooting the attacker before alerting the police. Although a medical examination did reveal severe injuries sustained by Smith, establishing that she was raped, just two days before she was charged for murdering Todd.
An AL woman shot a man who’d just raped her.— Susan_S (@SusanSD_34891) February 4, 2020
She shot him as he choked her brother, who’d just arrived to help.
48 hrs later, she was charged with murder.
Today, she lost her Stand Your Ground Hearing.
In Al, women rarely win.#OneVoice1#PassVAWA https://t.co/nt6aocmWws
Apparently, Todd had a history of violence and had been arrested eighty times by local police. Even his ex-wife and a woman had accused him of domestic violence previously. The prosecution's case has been revolving around the assumption that Todd and Smith were dating, however, these claims were denied by Smith. Moreover, they alleged that she was not raped but that the two had rough sex. "All these people out here saying: 'Oh, they were dating, and it was just rough sex. No. I'm pretty sure we all know what rough sex is. I wouldn't wish being raped on my worst enemy," said McCallie, her brother. Ron Smith, Smith's lawyer, plans on appealing to the Alabama Court of Criminal Appeals as Smith is far from receiving justice. Smith now awaits her defense trial which is set to begin on February 10. This case also questions the judicial system of Alabama, where statistically woman lost their cases 25 percent more times than men.