A woman is facing life in prison for killing her alleged rapist. Brittany Smith's lawyers have argued that she be granted immunity from prosecution for acting to protect herself and her brother when she shot and killed Todd Smith (no relation to her), according to AL.com.
However, Jackson County Circuit Judge Jenifer Holt declined to dismiss the murder charge, citing "inconsistent accounts of the events surrounding Todd’s death," as a reason for the decision.
In an order issued Monday, Holt ruled that Brittany had further attempted to "alter or destroy evidence" and found that "the defendant’s testimony about material facts was significantly at odds with the physical evidence, exhibits and other witness testimony."
The attack took place on Jan. 16, 2018 in Brittany's home in Stevenson, a northeast town of Alabama.
Her brother Chris McCallie had arrived at the place of residence to confront Todd on accusations of previously raping, assaulting and strangling Brittany.
A scuffle ensued and at one-point Todd allegedly had McCallie in a headlock and was threatening to kill them. Brittany said she responded by shooting Todd in self-defense.
Her lawyers requested that she not be prosecuted under the Stand Your Ground law but a Jackson County Courthouse judge who presided over two days of testimony disagreed with their arguments.
Brittany testified that she was too afraid to come forward to report the rape initially as Todd had threatened to kill her if she did so.
However, a sexual assault nurse examiner could not determine with certainty that she had been raped. The physical signs of assault were evident but the judge ruled that "the physical evidence is inconsistent with the defendant’s statements about a sexual assault."
Referring to the night she fatally shot Todd, Brittany initially said that one shot killed him but later she testified that she fired three shots at Todd. After the first two, he continued to choke her brother, so she fired a third shot and claimed both men fell to the floor. Brittany then admitted to allegedly shooting Todd while he was on the ground.
Brittany was arrested and charged the following day and later indicted on a murder charge while her brother was charged with tampering with evidence and making a false report to law enforcement.
Brittany’s attorneys have asked that the trial scheduled for Feb.10 be put on hold while they appeal the case to the Alabama Court of Criminal Appeals. Brittany could face up to life in prison if she is convicted.