A mother in Alabama shot and killed a man who allegedly raped her and was initially found unfit to stand trial. However, she still reportedly faces life in prison after she was indicted last year.
Brittany Smith was charged last year for the murder of Joshua “Todd” Smith, reported The Appeal, which added that Brittany claimed she was raped by Smith at her home in Stevenson, Alabama.
It reported that she allegedly shot him after Smith got into a fight with her brother, Chris McCallie, who reportedly came to her aid after the alleged assault took place.
“Mom Todd has tried to kill me literally. Don’t act like anything is wrong…he will kill me if he knows,” she had texted her mother on Jan. 16, 2018, reported the news outlet. Her mother, Ramona, then tried to call her son, Chris.
Brittany was charged with murder despite Alabama's 'Stand Your Ground' law, which allows use of lethal force in several circumstances
When Chris arrived, according to the report, he told Todd Smith to leave, and he refused before placing Chris in a headlock. Chris, who entered the home while armed, put the gun on a counter before the altercation.
Brittany then ran to the kitchen, took Chris’s gun, and warned Todd, she told police. Todd didn’t back off, and she shot him once before firing again when he attacked her brother. She fired several times before he dropped to the ground, the report stated. It said he suffered multiple gunshot wounds.
She called 911 before Todd was taken to the hospital, where he was later pronounced dead.
Before the shooting, she told police, Todd raped her twice and beat her up, the website reported, and it also cited a rape crisis center report that said she had 33 wounds on her body. Meanwhile, a toxicology report found methamphetamine and alcohol in her assailant’s body.
Following the incident, Brittany was charged with murder, according to reports. After her arrested, she also allegedly had a mental breakdown and was held at a county jail for about a month before she was transferred to a psychiatric hospital.
She is still facing murder charges after having been declared by a judge that she is unfit to stand trial, The Appeal said.
According to The Clarion, “Based on a mental health evaluation entered into court records on February 4, 2019, Jackson County Circuit Judge Jenifer Holt ordered Smith be taken into custody by the Jackson County Sheriff’s office from the courtroom and transported to the custody of the Alabama Department of Mental Health.” She required “detoxification” and mental health treatment, and at the time, officials believed she would be “restored to competency within 90 days,” it reported.
In December 2018, she underwent another psychiatric evaluation, which found that Brittany Smith “is mentally ill or has a mental defect; that as a consequence of such mental illness or defect, poses a real threat of substantial harm to himself or herself or others,” The Appeal reported.
Victor Revill, an Alabama attorney, told the news website that Brittany’s case should fall under self-defense and the state’s “Stand Your Ground” law.
“That is Stand Your Ground all day,” he told outlet.
“That situation is one of the reasons why this law is in place. If her brother was saving her from her kidnapper or her rapist and then kidnapper is trying to fight her brother, in her situation you have the right to defend yourself and you have the right to defend the other person as well.”
Smith said she knew Todd Smith while in high school and spoke to him years later in December 2017 when she was looking for a dog. Smith, at the time, was breeding pit bulls, CrimeOnline reported.
She alleged that he made romantic advances toward her, which she spurned. However, she met up with him to buy a dog.
Her mother also recently described the family’s heartache.
“They want to make it out that Brittany had a relationship with him and she just shot him,” Ramona McCallie told the outlet, adding that a doctor has to see about 160 patients before her daughter. “I feel like this is a long nightmare that I wish my whole family could wake up from.”