Brittany Smith, facing a Nov. 2 murder trial in the 2018 death of Joshua Todd Smith, 38 of Jasper, Tennessee, was arrested last Friday evening on a felony charge of arson second degree. Smith, 32 of Stevenson, was arrested a week after Circuit Judge Jenifer Holt denied state prosecutors’ motion to revoke Smith’s bond.
On Tuesday, Holt reversed course and revoked Smith’s bond and said she will remain in jail heading into the murder trial.
Holt denied Smith’s court-appointed attorney, James Mick’s request for house arrest.
According to reports, Smith allegedly set fire to two locations inside a mobile home at 64 Bolivar Street in Stevenson on Sept. 17. There was minor damage to the inside of the residence, according to reports.
State Fire Marshal’s Office responded to the incident, charging Smith in the alleged crime. After warrants were issued, the Jackson County Sheriff’s Office arrested Smith the next day.
Smith, who has been out of jail on a $100,000 bond since April 2018, avoided that bond being revoked a week earlier following a bond revocation hearing. Smith has maintained she was raped and acted in self-defense when she shot and killed Todd Smith.
In not revoking her bond at the time, Holt said Smith could provide more assistance to her attorney’s if she is not confined in jail. However, Holt added that, “if [Smith] fails to report to the Office of Jackson County Court Referral at the time and place as directed, [Smith] tests positive for the use of illegal drugs or alcohol, or [Smith} fails to comply with any other condition of bond, [Smith] shall be immediately arrested and remain in Jackson County jail pending trial.”
Smith is scheduled to go on trial on Nov. 2 after Holt and the Alabama Court of Criminal Appeals denied her motion to dismiss and request for pretrial immunity.
According to court records, Brittany Smith purchased a puppy from Todd Smith on Jan. 14, 2018. A day later, she, along with her brother, Chris McCallie, picked up Todd Smith after he called her from a park in South Pittsburg, Tennessee saying he needed a ride.
McCallie dropped off his sister and Todd Smith at her residence, according to testimony. From there, Brittany Smith claimed Todd Smith became angry and attacked her, including raping her.
She said later her brother took her and Smith to the store, where she saw a uniformed officer but did not say anything to him, saying she was afraid because Todd had threatened her and told her not to involve the police.
Brittany Smith said, after her brother returned her and Todd to her residence, he returned later. At that point, she claims McCallie and Todd began fighting, testifying, “I hear a gunshot, arguing, fighting.”
According to court documents, Brittany Smith said Todd had her brother in a chokehold, and he couldn’t breathe. She said she shouted for Todd to stop, let him go and leave. At that point, she picked up McCallie’s .22 caliber revolver and shot it three times. She testified that she called 911, and that she and McCallie did CPR on Todd until police arrived.
Holt wrote in a court order in denying a dismissal of the charge, “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. Holt wrote that the evidence from the forensic evaluation was consistent with a physical assault in that Brittany Smith had bruising on her neck, breast and body consistent with bite marks and forcible contact.
However, Holt said the physical evidence is inconsistent with the Brittany Smith’s statements about a sexual assault. A SANE nurse testified that her examination of Brittany Smith revealed no genital trauma.
A toxicology report from the autopsy showed that Todd Smith had very high amounts of methamphetamine in his system.
Holt also wrote in her court order that “[Brittany Smith] did not credibly demonstrate that she reasonably believed it was necessary for her to use deadly force in the situation. The court finds that the defendant has failed to prove by a preponderance of the evidence that she was justified in using deadly physical force.”