Brittany Smith is a 34-year-old Alabama resident who at the moment is doing time in the county jail of Montgomery County, A L. She also happens to be featured in a documentary movie, ‘State of Alabama versus Brittany Smith’ which can be viewed on Netflix.
Brittany is behind bars today for violating a probation order which was part of plea deal she made in 2020 following her conviction for fatally shooting a guy, Todd Smith (no relation) who got into a fight with her and her brother Chris. The altercation took place in Brittany’s house where Todd was staying overnight.
At some point during the evening, according to Brittany and Chris, Todd attempted to rape Brittany and also beat her severely, then started beating on Chris, at which Brittany picked up her brother’s gun and that was the end of Todd Smith.
What made this story the subject of a movie was Brittany’s decision to mount a defense of her behavior by citing Alabama’s Stand Your Ground (SYG) law which was passed in 2006 and allows someone to use lethal force against an attacker both within the home as well as in the street.
In order to use an SYG defense, a judge holds a hearing prior to the trial to determine whether SYG can be the grounds for a defendant to answer a charge of fatal or non-fatal assault. In Brittany Smith’s case, the judge – a woman – ruled the defendant could not invoke a SYG defense, which is why Brittany copped a plea for homicide, did some time, then was released on probation, broke the probation, and ended up back in jail.
In the United States, women are the victims in one out of every five homicides, which happens to be the average rate for females killed throughout the have been world, according to the U.N. But while most killings where the victim is a male occur during gang-related or robbery-related events, homicides which produce a female victim are overwhelmingly the product of a domestic conflict between male and female partners which often are the culmination of long-term, continuous abuse. In fact, the WHO estimates that one-third of all women have been physically abused by a male partner at some point during their lives.
Thanks to the #MeToo movement, women are no longer the ‘unseen’ victims in case of domestic abuse. But where women still lag far behind men in protecting themselves legally from an abusive male partner is when they react to an assault with physical force and then attempt to justify their behavior by asserting a Stand Your Ground defense.
The whole point of the Netflix documentary is to show that while SYG is frequently and successfully used by men to defend themselves from a charge of battery or worse, women like Brittany Smith who claim a SYG defense, usually still wind up behind bars.
When the NRA made an incredibly stupid move to become the Warner Bros. of the gun business by starting up a video-streaming channel called NRA-TV, they hired Dana Loesch away from The Blaze and made her the organization’s communicator to women, the idea being that maybe this would result in an uptick of gun sales to the fairer sex.
So, Dana made some of the dumbest video messages ever put out anywhere, in which she proclaimed that women needed to buy and carry guns in order to protect themselves and their families from ‘street thugs.’ Term ‘street thug’ is a euphemism for what we used to call the ‘element,’ which denotes people whose skin color is such that if they move into the neighborhood, the value of your house will go straight down.
The NRA wasn’t about to help women deal with domestic violence because some of those guys who come home half sh*tfaced from the saloon and slap the old lady around are maybe members of the NRA. So all the NRA managed to accomplish by pissing away the cost of producing these incredibly stupid videos was to generate a response from our friends in Gun-control Nation who began promoting ‘red flag’ laws which allow women to elect the tiresome process of going into court and asking a judge to take the guns away from an abusive guy. Except the man can still do a pretty good job on the old lady’s face and bod by using his fists.
A physician who treated Brittany Smith after she stopped Todd from beating on her by blowing a hole in his chest, found that she had suffered more than 30 separate wounds to various parts of her body, including bite marks on her cheeks and choke marks around her neck.
But the last thing my friends in Gun-control Nation are about to do is consider the idea that perhaps women should think about arming themselves against abusive or threatening men.
I’m not necessarily saying that every law-abiding female should trot over to the local gun shop and buy a Glock or a Sig. What I am saying is that men who abuse women need to be stopped from indulging in such behavior in the most immediate and forceful way.
Got a better idea for how to get this message across than waving a gun in the guy’s face?
Nov 17, 2022 @ 12:42:21
Brittany was railroaded by that judge and DA, which shows what they think of women defending themselves in sh*thole states like Alabama. She needed better lawyers. I recall that case and was appalled by her having to cop a plea.
Yep. We have an ERPO law in the Land of Enchantment. Been used maybe a dozen times or less in three years, if I recall when we passed it. Lots of the cops won’t touch it.
As Mike says, you can take away the guns, but that leaves the knives, fists, and baseball bats. All of which work quite well at getting even with your wife after you come home pissed off from court and turn in the Glocks and Sigs.
The NRA certainly was stupid again on this one. Why am I not surprised.
Nov 18, 2022 @ 13:16:45
Alabama’s Stand Your Ground Law was passed in 2006 and says if a judge determines that your actions were not reasonable, then you can still make the same arguments to a jury of your peers at trial. You essentially have two opportunities (a second bite of the apple) to make your case to the court and to a jury. Furthermore, once Self-Defense becomes an issue, the Defendant in an Alabama Criminal Matter no longer has the burden of proving Self-Defense, but the State then has the burden to prove the defendant did not act in Self-Defense and must prove the same Beyond a Reasonable Doubt.
Did Brittany’s attorney file a writ of mandamus to the Alabama Court of Criminal Appeals? This would be a long-shot request to the court to order the judge to reverse her decision. Long-shot or not, this writ was never written. However, had it been, and Brittany lost, they would still be able to request the same order from the Alabama Supreme Court. It’s sad, but I believe Brittany had the misfortune of having an attorney who made numerous serious errors. He failed to use the ordinary skills and care that was used by other attorneys handling a similar case of Jacqueline Dixon in Alabama and was cleared by a grand jury after shooting her abusive husband in 2018. (Same year as Brittany’s case)
I believe a big lesson can be learned in this case and that is never give “inconsistent accounts of the events surrounding any actions” you may have taken if you find yourself on the opposite end of the business side of a gun. Brittany failed to be consistent in her accounts of what happened that night.
Mike asks if you’ve got a better idea…I believe the better idea is to get yourself a good attorney and always tell the truth.