ALABAMA’s Stand Your Ground statute was enacted to protect civilians who use deadly force against a person committing or attempting to commit a crime using deadly force.
Brittany Smith’s case sheds light on the nuances of when and how to properly apply this law.
What is the Stand Your Ground law in Alabama?
Alabama’s Stand Your Ground law describes cases where a person is legally entitled to use deadly physical force in self-defense or in defense of another person.
As a result, the law states that deadly force may be used against a person who commits or attempts a crime involving death, aggravated assault, robbery, kidnapping, rape, bestiality or a
Crimes of a sexual nature involving a child under the age of 12.
In certain circumstances, the law also states that deadly force may be used against someone who is or has been unlawful
Forcibly entered an apartment, residence, business premises or occupied vehicle.
In addition, it states that a person may use deadly force against someone who is attempting to remove a person or has forcibly removed a person
against their will from a building or occupied vehicle when the person has a legal right to be there using deadly force.
What is Brittany Smith’s case about?
Brittany Smith is the Stevenson, Alabama, mother who was at the center of a complex murder case.
She fatally shot Todd Smith on January 16, 2018 after he reportedly brutally assaulted and raped her in her own home.
However, she insisted she only killed Todd to stop him from murdering her and her brother when he refused to leave the property.
Brittany told the court during her trial that she knew Todd when she was a teenager and reconnected with him shortly before his death.
Brittany claims she was then raped twice, strangled and beaten unconscious by Todd – who was reportedly high on meth.
She says she managed to tell her brother Chris McCallie, who faced the alleged rapist in a deadly showdown.
Todd reportedly had Chris in a choke hold and was threatening to kill them both when a terrified Britanny opened fire in the kitchen.
She said she shot him twice, but he continued to choke Chris until the third bullet landed.
How long did Brittany Smith spend in prison?
Britanny’s lawyers attempted to dismiss the murder charges, arguing that she only fired out of fear to protect herself and her brother.
They suggested the Stand Your Ground law applied to Todd because he refused to leave Brittany’s home, AL.com reports.
But Judge Jenifer Holt ruled that Brittany had stood between Todd and the door when she pulled the trigger, giving him no way out.
She said the defendant was not entitled to a defense because it was Brother Chris who brought the gun and “initiated the confrontation”.
Brittany pleaded guilty to murder, saying it was “the lesser of two evils” and was sentenced to 20 years in prison.
However, she was released on a plea bargain 18 months later and received credit for the time she spent in prison while awaiting trial.
Following her dramatic release from prison, Brittany shared her excitement at finding freedom and rebuilding her life.
She previously told Alabama.com, “This will be in my past soon.
“It will be behind me. It feels good. After the rough waters, calm sailing.”
Her harrowing case is now the subject of an upcoming Netflix documentary set for release on November 10, 2022.
https://www.the-sun.com/news/6619415/what-alabama-stand-your-ground-law-brittany-smith/ What is the Stand Your Ground law in Alabama? Brittany Smith’s case explained