Why Brittany Smith Was Not Allowed To Use The 'Stand Your Ground' Defense

In January 2018, Brittany Smith, a mother of four, was living in Stevenson, Alabama (via The New Yorker). When an old friend, Todd Smith (no relation), called her on a snowy day and said that he was homeless, Brittany reluctantly agreed to let him stay at her house. Brittany and her brother, Chris McCallie, picked up Todd and brought him back to her home. When McCallie left, a dispute ensued between Brittany and Todd about Todd's drug use. Investigation Discovery writes that he then proceeded to physically and sexually assault Brittany. The Daily Mail states that Todd threatened to kill Brittany and her family if she told anyone what he had done.

Todd then asked for cigarettes, and Brittany, who didn't drive, called her brother to take them to a gas station (per The New Yorker). There, Brittany wrote a note to the gas attendant describing her attack. When they arrived back at her home, Brittany told her brother that he needed to go back and talk to the gas attendant. McCallie returned to the gas station, where he was given the note. In a fury, McCallie drove to Brittany's home and entered the residence with a .22-caliber revolver in his hand.

According to Investigation Discovery, Todd began to attack McCallie. As Brittany watched this altercation unfold, she grabbed the gun and shot at Todd, killing him. Shortly after, Brittany was arrested and charged with Todd's murder. Although she claimed that the killing was justified due to the "Stand Your Ground" law, the judge did not agree with this claim.

If you or anyone you know has been a victim of sexual assault, help is available. Visit the Rape, Abuse & Incest National Network website or contact RAINN's National Helpline at 1-800-656-HOPE (4673).

The U.S. Sun explains that in Alabama, the "Stand Your Ground" law states that an individual can use deadly force against a person if they are committing a crime that can cause physical harm or death, amongst other things. Per Investigation Discovery, Brittany Smith used this defense to explain why she had shot and killed Todd Smith. In January 2020, she explained further at her "Stand Your Ground" hearing. WHNT reports that Brittany told Judge Jenifer Holt that Todd had raped her and that she believed that he would kill her and her brother. Moreover, CBS News writes that the defense presented physical evidence, including bruises and bite marks on Brittany's body, to Holt.

Despite all of this, Holt decided to deny Brittany's request to use the "Stand Your Ground" defense. According to The New Yorker, this meant that instead of dismissing the case, Brittany would go to trial for Todd's murder and possibly be sentenced to life for it. Brittany told the publication, ​​"She [Holt] saw the pictures of me; he almost beat me to death, he did rape me, and he tried to kill my brother, so how can she say this?" Per CBS News, Holt decided that Brittany's injuries did not prove that Todd had raped her, even though a rape kit and nurse examiner said otherwise.

In addition, Holt believed that Brittany had no way of knowing that Todd was going to hurt her or her brother when she shot him (per The New Yorker). In other words, the judge did not think that his murder was legally justifiable.

If you or anyone you know has been a victim of sexual assault, help is available. Visit the Rape, Abuse & Incest National Network website or contact RAINN's National Helpline at 1-800-656-HOPE (4673).

The U.S. Sun adds that Judge Jenifer Holt decided that Brittany Smith was unable to use the "Stand Your Ground" defense because she used her brother's gun to kill Todd Smith. She also noted that Brittany was blocking the door when she shot him. Simply put, he had no way out. However, Investigation Discovery states that Chris McCallie asked Todd to leave but he ignored this request. For Brittany's defense team, this refusal meant that she had the right to use the "Stand Your Ground" law (per AL.com). But of course, Holt did not see it this way. CBS News reports that she believed that Brittany could have left the residence and called for help. 

Per The New Yorker, Holt also cited "inconsistent accounts of the events surrounding Todd's death" behind her reasoning. At first, Brittany and McCallie told the police that McCallie had killed Todd. McCallie later explained that they did this for fear that Brittany would not be given a rape kit or a fair trial. In the end, Investigation Discovery writes that Brittany pled guilty and took a plea deal to avoid a life sentence. 

According to another article from AL.com, Brittany was sentenced to 20 years in prison but was later given 18 months in prison and 18 months under house arrest. Since her release in May 2021, Brittany has violated her parole conditions three times and is currently in prison. Now, her harrowing story is set to be featured in a Netflix documentary titled "State of Alabama vs. Brittany Smith."

If you or anyone you know has been a victim of sexual assault, help is available. Visit the Rape, Abuse & Incest National Network website or contact RAINN's National Helpline at 1-800-656-HOPE (4673).