Jackson County Circuit Judge Jenifer Holt has set a trial date in the case of Brittany Smith, who is charged in the 2018 death of Joshua Todd Smith, 38 of Jasper, Tennessee. Brittany Smith has maintained she was raped and acted in self-defense when she shot and killed Todd Smith.
Before the murder trial, Brittany Smith will face a bond revocation hearing on Friday, Sept. 11. She has been out of jail on a $100,000 bond since April 2018. She is facing the hearing after state prosecutors filed a motion on May 8 saying Smith failed to report to Jackson County Court Referral as a part of her bond.
A month later, in June, prosecutors amended the motion after saying Smith tested positive for amphetamines, methamphetamines and alcohol on June 5.
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 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.
Brittany Smith asked Holt to grant immunity from prosecution and dismiss the murder charge under Alabama’s Stand your Ground self-defense law. Holt ruled against Brittany Smith, writing in a court order, “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.