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Alabama woman pleads guilty to murdering man she claims ‘raped her and then strangled her brother’, but nearly 19 out of her 20-year prison sentence is suspended

&Tab;&Tab;<div class&equals;"wpcnt">&NewLine;&Tab;&Tab;&Tab;<div class&equals;"wpa">&NewLine;&Tab;&Tab;&Tab;&Tab;<span class&equals;"wpa-about">Advertisements<&sol;span>&NewLine;&Tab;&Tab;&Tab;&Tab;<div class&equals;"u top&lowbar;amp">&NewLine;&Tab;&Tab;&Tab;&Tab;&Tab;&Tab;&Tab;<amp-ad width&equals;"300" height&equals;"265"&NewLine;&Tab;&Tab; type&equals;"pubmine"&NewLine;&Tab;&Tab; data-siteid&equals;"109460728"&NewLine;&Tab;&Tab; data-section&equals;"1">&NewLine;&Tab;&Tab;<&sol;amp-ad>&NewLine;&Tab;&Tab;&Tab;&Tab;<&sol;div>&NewLine;&Tab;&Tab;&Tab;<&sol;div>&NewLine;&Tab;&Tab;<&sol;div>&NewLine;<p class&equals;"has-normal-font-size wp-block-paragraph"><strong>Brittany Smith&comma; 32&comma; pled guilty to murdering Todd Smith on Friday<&sol;strong><&sol;p>&NewLine;&NewLine;&NewLine;&NewLine;<p class&equals;"has-normal-font-size wp-block-paragraph"><strong>The murder occurred on January 16&comma; 2018&comma; in Jackson County&comma; Alabama hours after she said Todd raped her<&sol;strong><&sol;p>&NewLine;&NewLine;&NewLine;&NewLine;<p class&equals;"has-normal-font-size wp-block-paragraph"><strong>She says that Todd was strangling her brother after raping her when she fired<&sol;strong> <&sol;p>&NewLine;&NewLine;&NewLine;&NewLine;<p class&equals;"has-normal-font-size wp-block-paragraph"><strong>She was sentenced to 20 years&comma; with all but seven months suspended<&sol;strong> <&sol;p>&NewLine;&NewLine;&NewLine;&NewLine;<p class&equals;"has-normal-font-size wp-block-paragraph"><strong>She had tried unsuccessfully to get judge Jennifer Holt to recuse herself from the case <&sol;strong><&sol;p>&NewLine;&NewLine;&NewLine;&NewLine;<p class&equals;"has-normal-font-size wp-block-paragraph"><strong>Judge Holt had refused defense application to have the case dismissed because &&num;8216&semi;The physical evidence is inconsistent with the defendant&&num;8217&semi;s statements about a sexual assault&&num;8217&semi;<&sol;strong><&sol;p>&NewLine;&NewLine;&NewLine;&NewLine;<p class&equals;"has-normal-font-size wp-block-paragraph"><strong>&&num;8216&semi;The court further finds that the defendant&&num;8217&semi;s testimony about material facts was significantly at odds with the physical evidence&comma; exhibits and other witness testimony&comma;&&num;8217&semi; Judge Holt said<&sol;strong><&sol;p>&NewLine;&NewLine;&NewLine;&NewLine;<p class&equals;"has-normal-font-size wp-block-paragraph"><strong>If convicted by a jury&comma; she had faced up to life in prison<&sol;strong><&sol;p>&NewLine;&NewLine;&NewLine;&NewLine;<p class&equals;"has-normal-font-size wp-block-paragraph"><strong>Brittany&&num;8217&semi;s bail was revoked after she was arrested on an unrelated arson charge<&sol;strong><&sol;p>&NewLine;&NewLine;&NewLine;&NewLine;<figure class&equals;"wp-block-image size-large"><img src&equals;"https&colon;&sol;&sol;konniemoments&period;com&sol;wp-content&sol;uploads&sol;2020&sol;10&sol;Brittany-Smith-3&period;jpg" alt&equals;"" class&equals;"wp-image-356477"&sol;><figcaption><strong>Brittany Smith&comma; &lbrack;photo&rsqb;&comma; pled guilty to murder on Friday in the shooting death of and was sentenced to 20 years in prison&comma; with all but 18 months suspended&period; She was facing up to life in prison&comma; if she&&num;8217&semi;d been convicted by a jury<&sol;strong><&sol;figcaption><&sol;figure>&NewLine;&NewLine;&NewLine;&NewLine;<p class&equals;"wp-block-paragraph">An Alabama woman who fatally shot a man two years ago&comma; who she claimed was strangling her brother hours after raping her&comma; has pled guilty to murder in the case&period;<br>Brittany Smith&comma; 32&comma; abandoned her earlier &&num;8216&semi;Stand Your Ground&&num;8217&semi; defense and admitted her guilt on Friday&period; She was handed a 20-year sentence sentenced to 20 years in prison with all but 18 months out of the two decades is suspended&period; <br>With credit for time served&comma; Smith will serve seven more months in the Jackson County Jail&period;<&sol;p>&NewLine;&NewLine;&NewLine;&NewLine;<figure class&equals;"wp-block-image size-large"><img src&equals;"https&colon;&sol;&sol;konniemoments&period;com&sol;wp-content&sol;uploads&sol;2020&sol;10&sol;Todd-Smith-4&period;jpg" alt&equals;"" class&equals;"wp-image-356487"&sol;><figcaption>Killed&colon; Brittany Smith said that Todd Smith &lbrack;photo&rsqb;&comma; raped her hours before she killed him<&sol;figcaption><&sol;figure>&NewLine;&NewLine;&NewLine;&NewLine;<p class&equals;"wp-block-paragraph">Brittany Smith Friday had admitted to fatally shooting Todd Smith&comma; no relation&comma; early on January 16&comma; 2018&period; She however&comma; had sought a Stand Your Ground defense&comma; claiming that Todd Smith had raped her hours earlier and was in the process of choking her brother&comma; Chris McCallie&comma; who came to her home to confront Todd about the sexual assault&period;<br>Jackson County Circuit Judge Jenifer Holt had refused to step down from the case after she alleged the defendant tried to &&num;8216&semi;alter or destroy evidence&&num;8217&semi;&period; <br>Declining to dismiss Brittany&&num;8217&semi;s murder charges&comma; Judge Holt wrote in February&colon; &&num;8216&semi;The court finds that the defendant has given inconsistent accounts of the events surrounding Todd&&num;8217&semi;s death&comma; beginning with the 911 call … and has attempted to alter or destroy evidence&period;&&num;8217&semi; <br>Judge Holt added&colon; &&num;8216&semi;The court further finds that the defendant&&num;8217&semi;s testimony about material facts was significantly at odds with the physical evidence&comma; exhibits and other witness testimony&period;<br>&&num;8216&semi;The physical evidence is inconsistent with the defendant&&num;8217&semi;s statements about a sexual assault&period;&&num;8217&semi; <&sol;p>&NewLine;&NewLine;&NewLine;&NewLine;<figure class&equals;"wp-block-image size-large"><img src&equals;"https&colon;&sol;&sol;konniemoments&period;com&sol;wp-content&sol;uploads&sol;2020&sol;10&sol;Brittany-Smith-left-and-her-brother-Chris-McCallie-right-1&period;jpg" alt&equals;"" class&equals;"wp-image-356478"&sol;><figcaption>Defendant Brittany Smith &lbrack;left&rsqb;&comma; said Todd Smith was strangling her brother Chris McCallie&comma; &lbrack;right&rsqb;&comma; hours after raping her when she opened fire in her home<&sol;figcaption><&sol;figure>&NewLine;&NewLine;&NewLine;&NewLine;<p class&equals;"wp-block-paragraph">Brittany&&num;8217&semi;s bail on the murder charge was revoked after she was arrested on an unrelated arson charge&period;<br>With credit for time served&comma; Brittany will serve seven months in the Jackson County Jail&period;<br>She pleaded guilty to killing Todd Smith&comma; an acquaintance&comma; in the kitchen of her home in Stevenson just hours after he raped and strangled her&period;<br>She shot Todd while he was holding her brother in a headlock and threatening to kill them all&comma; according to testimony given at a court hearing&period; <br>Her brother was at the house to confront Todd&comma; who was accused of raping&comma; strangling and assaulting her earlier in the night&comma; and threatening to kill her if she told anyone&period;<br>Brittany&&num;8217&semi;s lawyers had argued that she should be granted immunity under Alabama&&num;8217&semi;s Stand Your Ground Law because she feared Todd Smith would kill her or her brother&period; <&sol;p>&NewLine;&NewLine;&NewLine;&NewLine;<figure class&equals;"wp-block-image size-large"><img src&equals;"https&colon;&sol;&sol;konniemoments&period;com&sol;wp-content&sol;uploads&sol;2020&sol;10&sol;Brittany-Smith-left-and-Judge-Jennifer-Holt-right-1&period;jpg" alt&equals;"" class&equals;"wp-image-356485"&sol;><figcaption><strong>Brittany Todd &lbrack;left&rsqb; lost an appeal to have Jackson County Circuit Judge Jenifer Holt &lbrack;right&rsqb; removed from the case after the judge said she had tried to &&num;8216&semi;alter or destroy evidence&&num;8217&semi;<&sol;strong><&sol;figcaption><&sol;figure>&NewLine;&NewLine;&NewLine;&NewLine;<p class&equals;"wp-block-paragraph">But the judge said that Brittany Smith did not need to use lethal force to end the altercation&comma; and that her brother was also an aggressor because he brought a weapon to the home and started the confrontation&period;<br>In the murder case&comma; prosecutors argued in court that Brittany&&num;8217&semi;s brother McCallie was the one who initiated the confrontation with Todd Smith during the January 2018 killing&period;<br>They said that because he brought the gun to the scene&comma; Brittany was not entitled to Stand Your Ground&period;<br>In the grisly case Brittany claims Todd Smith&comma; 38&comma; choked her to the point of unconsciousness and raped her in her home in Stevenson Alabama on January 15&comma; 2018 and threatened to kill her if she told anybody&period;<br>The next day on January 16 Brittany&&num;8217&semi;s brother Chris McCallie went to her house to confront Todd after she told him what happened&period;<&sol;p>&NewLine;&NewLine;&NewLine;&NewLine;<figure class&equals;"wp-block-image"><img src&equals;"https&colon;&sol;&sol;konniemoments&period;com&sol;wp-content&sol;uploads&sol;2020&sol;10&sol;Jackson-County-Jail&period;jpg" alt&equals;"This image has an empty alt attribute&semi; its file name is Jackson-County-Jail&period;jpg"&sol;><figcaption>Brittany will serve seven months in the Jackson County Jail&period; She gets credit for time served<&sol;figcaption><&sol;figure>&NewLine;&NewLine;&NewLine;&NewLine;<p class&equals;"wp-block-paragraph">Brittany says she fired her brother&&num;8217&semi;s gun three times at Todd while he was holding her brother in a headlock and he was turning blue<br>After the incident a sexual assault nurse documented more than 30 injuries on Brittany including bruises&comma; bite marks and signs of strangulation&period; <br>But the nurse couldn&&num;8217&semi;t determine with certainty if Brittany had been raped&comma; but noted that most sexual assault cases lack physical proof&period;<br>The judge ruled that the evidence was consistent with physical assault&comma; but inconsistent with sexual assault&period; <br>DailyMail&period;com uncovered a disturbing history of violent crime and domestic assault committed by Todd Smith against multiple women spanning decades&period; <br>Court and arrest records in his hometown of Jasper&comma; Tennessee&comma; just across the state border from Brittany&&num;8217&semi;s home in Alabama&comma; reveal that Smith&comma; 38&comma; had been arrested a staggering 71 times since 1999&period;<br>In July 2002 he embarked on a brief and violent marriage to Paige Parker&comma; 37&period; Smith was arrested five times in the course of the marriage that lasted less than one year and ended in divorce in June 2003&period; <br>Smith also fathered a child by a woman&comma; Amanda Reed&comma; with whom his relationship was clearly every bit as turbulent&period;<&sol;p>&NewLine;&NewLine;&NewLine;&NewLine;<figure class&equals;"wp-block-image"><img src&equals;"https&colon;&sol;&sol;konniemoments&period;com&sol;wp-content&sol;uploads&sol;2020&sol;10&sol;Todd-Smith-3&period;jpg" alt&equals;"This image has an empty alt attribute&semi; its file name is Todd-Smith-3&period;jpg"&sol;><figcaption><strong>Todd Smith &lbrack;photo&rsqb;&comma; records show had a history of violent crime and domestic assault committed against multiple women spanning decades<&sol;strong><&sol;figcaption><&sol;figure>&NewLine;&NewLine;&NewLine;&NewLine;<p class&equals;"wp-block-paragraph">He was charged with domestic assault against Reed three times&comma; in 2012&comma; 2015 and 2016&comma; but on two of those occasions the charges were dismissed as&comma; court records noted&comma; &&num;8216&semi;Victim has not been coming to court dispite &lpar;sic&rpar; officer&&num;8217&semi;s best efforts&period;&&num;8217&semi; <br>She was facing up to life in prison&comma; if the case had concluded in a jury conviction&period;<br>&&num;8216&semi;We have no control over a jury or a judge that would sentence her&comma;&&num;8217&semi; said Brittany&&num;8217&semi;s defense attorney said&period; &&num;8216&semi;In any case&comma; you&&num;8217&semi;ve got to weigh what you know and can control with what you can&&num;8217&semi;t&period;&&num;8217&semi;<br>Brittany&&num;8217&semi;s mother&comma; Ramona McCallie&comma; told the publication that she was heartbroken at the outcome of the case&comma; breaking down in tears&period; &&num;8216&semi;My baby girl doesn&&num;8217&semi;t deserve this&comma;&&num;8217&semi; she said&period; <&sol;p>&NewLine;

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