Video: Indictment Dropped Against Mother Accused of Capital Murder

WEST POINT, Miss. (WCBI) -The capital murder indictment against a Clay County woman accused of killing her infant son is dismissed.

District Attorney Scott Colom making the announcement Thursday, after a re-examination of the evidence.

In April 2014 Britannia Smith was charged with Capital Murder. Her two month old son, Brinston Smith, was found unresponsive in their home in December of 2013.

Test results from the state crime lab revealed the baby had died from a lethal dose of codeine.

Thursday, the District Attorney’s office filed a motion to dismiss the Capital Murder indictment.

Assistant DA Mark Amos, says new toxicology tests show the baby was given no more than a teaspoon of cough syrup.

“We’re asking the court to allow us to voluntarily withdraw the indictment, based on additional facts that we’ve discovered during our continued investigation into the facts of the case.”

Amos continued to say the charges would not be dropped; only the indictment would be removed. This allows the case to be re-presented if further evidence indicates Smith did intentionally harm her child.