DA looks to withdraw Smith cap. murder indictment

Josh Presley

District Attorney Scott Colom’s office filed a motion to the Clay County Circuit Court this week to withdraw the capital murder indictment of Brittania Smith.
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 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.
Scott said the case, and motion for withdrawal, would come before Judge Lee Howard next week during the Circuit Court term.
“Either way, they’re not just going to sign a paper and say never mind,” Scott said. “If they withdraw this indictment, we could then take it to the grand jury during the next term with a lesser charge, which would likely be child neglect.”