Scottsboro, Alabama — An Alabama judge denied a request to dismiss murder charges against a woman who said she killed a man because he raped her and attacked her brother.
Jackson County Circuit Judge Jenifer Holt rejected the “stand your ground” self-defense claim of Brittany Smith on Monday, citing records that allege Smith tried to destroy evidence and also gave testimony that didn’t line up with medical evaluations and other evidence from the scene, Al.com reported.
Holt said physical evidence of Brittany Smith’s injuries showed bruising to her neck, bite marks and a broken fingernail, reports CBS Huntsville, Alabama affiliate WHNT-TV. But Holt said the injuries didn’t reflect sexual assault by Todd Smith.
Brittany Smith’s lawyers argued that she should be granted immunity under Alabama’s Stand Your Ground Law because she feared Todd Smith would kill her or her brother. But the judge argued that Brittany Smith didn’t need to use lethal force to end the altercation, and that her brother was also an aggressor because he brought a weapon to the home and started the confrontation.