Brittany Smith's Murder Plea Deal

Brittany Smith's Murder Plea Deal

By B.A. Little, Reporter • (Photo by

STEVENSON, Ala. — This case has taken many twists and turns since the night of January 16, 2018, when Brittany Smith was arrested for the murder of Joshua Todd Smith (no relation), in her Stevenson, Alabama home. 

According to testimony that Brittany gave in court, she and her brother, Chris McCallie, drove to South Pittsburg, Tennessee and picked up Todd because he was stranded and needed a place to spend the night. She further states that later that night Todd became violent, strangling and raping her. Todd threatened her life if she “even breathed wrong.” 

Later, Brittany stated that her brother returned to her home and began fighting with Todd.  McCallie accused Todd of trying to kill Brittany, and he ordered Todd to leave the house. She testified that the gun was on a small island in the kitchen and that she was standing beside the island in the entry into the kitchen. Todd and McCallie began hitting each other. Brittany stated she shouted for them to stop fighting and again told Todd to leave the house. The fight escalated, and McCallie was put into a headlock by Todd. Brittany then testified that she picked up the pistol and ordered Todd to stop several times and told McCallie to move out of the way because she was going to shoot. Brittany fired the pistol but stated nothing happened, so she fired again. After she fired a third time, both men fell to the floor. Brittany stated she thought her brother was shot, but he stood up and was not injured.

Initially, McCallie was taken into the custody of the Jackson County Sheriff. However, due to many inconsistencies, he was released, and Brittany confessed to being the shooter.

The second stage of this case became national news when Brittany Smith motioned for Stand Your Ground Immunity, citing that self-defense resulted in the death of Todd Smith. A Stand Your Ground trial was held on January 14, 2020. Judge Holt, and after deliberating for almost three weeks, filed her ruling on February 3, 2020, and stated, “The court has carefully considered all the evidence presented at the hearing and the law. The defendant did not credibly demonstrate that she reasonably believed it was necessary for her to use deadly force in this situation. The court finds that the defendant has failed to prove by a preponderance of the evidence that she was justified in using deadly physical force. Accordingly, it is ordered, adjudged, and decreed that the defendant’s motion to dismiss and motion for immunity from criminal prosecution is denied.”

Then, on Friday, September 11, 2020, a bond revocation hearing was held for Brittany Smith due to her failure to uphold the conditions of her bond. Conditions of her bond stated that Smith must participate in the Court Referral – Color Code program and must not test positive for any substances not prescribed to her, including alcohol. Brittany failed to appear on two occasions when her color was called for testing. 

Judge Jenifer Holt denied state prosecutors’ motion to revoke Smith’s bond, however, Smith was instructed to comply with the conditions of the bond until the Nov. 2 trial. In a court order, Judge Holt said Smith needs to be readily available to assist her attorneys in preparing for trial.

Additionally, on Friday, September 18, 2020, Brittany Smith was arrested by the Alabama State Fire Marshal and Jackson County Sheriff’s Office on second-degree charges of arson at a residence.   Another bond revocation hearing was held on Tuesday, September 22, Smith’s bond was revoked, and she was ordered to remain in jail until her trial in November.

On Friday, October 9, 2020, Brittany Joyce Smith, age 33, pled guilty to the shooting death of Joshua Todd Smith in her Stevenson, Alabama home on January 16, 2018.

In the plea agreement, Smith was sentenced to 20 years for Murder. Her sentence shall run concurrently with the sentence in her arson case.  She will be given credit for time already served. The agreement says Brittany Smith will serve 36 months in the Alabama Department of Corrections followed by 5-year State probation to include CRO Evaluation/Treatment, Mental Health Evaluation/Treatment, and Anger Management.