Attorney of WP woman accused of murder moves to dismiss charges

Josh Presley

The District Attorney’s office filed a motion Friday to withdraw it’s capital murder indictment of Brittania Smith, and her attorney filed a counter motion to dismiss the charges altogether.
According to the motion filed by Smith’s attorney, Jim Waide, Smith had suffered one and a half years of pre-trial incarceration, and the withdrawal would unconditionally dismiss a criminal indictment, but would allow the state to seek another indictment before the grand jury.
“This is not on the current DA’s administration, it goes back to the previous one,” Waide said. “Before we even filed this motion, the DA’s office told us for several months that they were going to withdraw, and failed to do so each time.”
Smith, 25, of West Point, was indicted in April 2014 in connection with the December 2013 death of her 2-month-old son, Brinston Smith. According to the Mississippi Crime Lab, Brinston Smith allegedly died from a lethal dose of codeine and his death was ruled a homicide.
According to the District Attorney’s motion, provided by Assistant DA Mark Amos, after the indictment but during further investigation regarding the facts and circumstances underlying the case, the State of Mississippi had discovered additional facts that now lead to the belief that the State could not establish facts to sufficiently to prove Brittania Smith committed the alleged crime beyond a reasonable doubt, and therefore could not meet the prosecution’s burden of proof.
Waide suggested dismissing the case as an alternative to withdrawing the indictment.