A West Point woman will no longer face a capital murder charge for the death of her son.
District Attorney Scott Colom told The Dispatch that his office motioned to dismiss the charges after a toxicologist’s analysis revealed that Britannia Smith, 26, couldn’t have given her infant child, Brinston, enough cough syrup to fatally poison him.
Smith was indicted in April 2014 for capital murder. The indictment, according to a news release from Colom’s office, was based on the allegation that she committed felony child abuse when she deliberately gave her child enough cough syrup containing codeine and guafenesin to kill him.
Colom said his office found there wasn’t enough scientific evidence to support that claim. Though he said the autopsy revealed the child died from being poisoned by those drugs, the amount ingested, coupled with the child exhibiting no other signs of abuse, cast doubt on whether the infant’s death was intentional.
The DA’s office tasked Robert Cox, a board-certified medical toxicologist and emergency physician, to offer an opinion on the amount of codeine Smith gave her son. After reviewing information, including the case’s autopsy report, Cox determined that Smith could not have given the child more than one to 1.5 teaspoons of cough syrup.
“Based on that, I no longer believe that we can prove beyond a reasonable doubt she intended or recklessly poisoned her child,” Colom said. “She just made a horrible mistake.”
Colom said the capital murder charge was the only charge pending against Smith. However, he said his office will review her file to determine if any other charges against Smith should be brought before a grand jury.
He declined to elaborate further, saying he does not want to speculate on what charges may arise.
Clay County Circuit Court’s July term begins Monday.
Alex Holloway was formerly a reporter with The Dispatch.
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