WEST POINT — Prosecutors will not seek the death penalty for a Clay County woman charged with capital murder in the death of her infant.
Brittania Smith, 24, is accused of giving her 2-month-old son, Brinston Smith, a lethal dose of codeine in December. She was indicted by a grand jury in April and charged with capital murder. To be charged with capital murder, the accused must have committed the murder while in the commission of another felony. According to Clay County Sheriff Eddie Scott, poisoning a child constitutes felony child abuse and elevates the murder charge to capital murder.
Assistant District Attorney Mark Jackson confirmed to The Dispatch Thursday that the prosecutor’s office was not seeking the death penalty in the case. Jackson declined to comment further.
Smith’s attorney, Jim Waide, declined to comment.
Authorities say the codeine allegedly used in the incident was obtained through a prescription. Scott has declined to comment on whose name was on the prescription.
Smith’s trial is scheduled for the January term of Clay County Circuit Court with Judge Lee Howard presiding, according to court personnel.
Sarah Fowler covered crime, education and community related events for The Dispatch.