Brittany Smith was scheduled to be released from Jackson County Jail Tuesday following a court hearing in front of Circuit Judge Brent Benson.
Smith was arrested on July 30 after allegedly violating terms of her arrest, which she admitted to Tuesday morning.
Benson gave Smith a 34-day sanction. However, since she has served 38 days as of Tuesday, she will be released from jail.
Smith, who has maintained she was raped and acted in self-defense in the 2018 death of Joshua Todd Smith, was sentenced to 20 years, split to serve three years, last October. As part of the plea agreement, Smith served 18 months in county jail before being released to house arrest, where she is required to serve another 18 months. She was also placed on state probation for a period of five years.
As part of the house arrest, Smith isn’t allowed to leave her home unless given permission her state probation officer. She is allowed to do court referral, mental health and anger management.
According to a state probation report, Smith called her probation officer on July 26, asking permission to do odd jobs in Bridgeport and visit her children. The officer advised Smith that calling for permission daily, with no notice, is not tolerated. The officer told Smith she needed to plan accordingly and have some form of schedule.
Smith sent text messages to her probation officer saying she was working on July 26, July 28 and July 30.
On July 30, the day of Smith’s arrest, state probation was contacted by the Jackson County Court Referral Office in regard to Smith’s whereabouts. According to court referral, Smith did not show a location on her GPS monitor for the prior three days.
After an arrest warrant was issued, Smith was arrested upon arriving home. According to the report, Smith showed the deputy her GPS monitor, which appeared to be blinking green. Smith said she did not know why she was being arrested.
Court referral later advised that Smith’s GPS monitor did not display a location due to water damage. According to the report, at the time Smith was set up on house arrest, she was instructed on how to care for her monitor. State probation said it is unknown if Smith was aware that her monitor was faulty.
This is the second time Smith has run into trouble regarding her house arrest. On May 27, state probation filed a delinquency report on Smith for violating her house arrest. During a show cause hearing on June 9, Benson advised Smith that the only person to grant her permission to leave her residence was the state probation officer since there had previously been some confusion regarding the matter.