Wednesday, October 3, 2012

Execution or self-defense?

Dr. Arnold Smith filed a reply to the state's answer to his peition for Habeas Corpus in Leflore County Circuit Court yesterday. Dr. Smith charged the autopsy shows the fatal shot that was fired by an Attorney General investigator struck the victim (yeah I know) at the top of the crown of his head, traveled through the head, and exited around the jawline.

The rest of the shots that struck Mr. Byrd were in the area of his legs. The fatal shot was the only one to strike above his pelvis. The diagram can be found in the exhibits included in the documents posted below. Jackson attorney William Bell represents Dr. Smith. Retired Hinds County Circuit Judge Breland Hilburn presides over the case.

Dr. Smith argues the Attorney General's employees killed Mr. Byrd and thus Dr. Smith can not be charged with capital murder since he did not commit the underlying offense. The defendant then asks the court allow him to make bail.

Note: So let me get this straight. The agents shoot Byrd several times in the legs but the fatal shot is the only one above the waist and travels through the top of the head to the bottom of the jawline? Interesting. Very interesting.

13 comments:

Anonymous said...

While I'm not sure how this relates to "Dr." Smith's culpability in the crime or not... it is interesting to know that, if this is true, it would appear that the assailant was executed. Obviously proving that would be a monumental task... but still. Interesting indeed.

Anonymous said...

trajectory: travels through the TOP of the head to the BOTTOM of the jawline....

Anonymous said...

Mystery bullets have been around for years. Just ask the secret service about their Dallas trip.

Anonymous said...

You guys need to bone up on ballistics. You don't know what you're talking about.

Anonymous said...

@4:16PM Care to enlighten us with your extensive ballistic/forensic training?

Either the guy has bullet holes in his legs or not. He also has a bullet hole in his head or not. Should also be able to determine which hole is the entry point and which is the exit point.

Nobody is saying it isn't POSSIBLE that the guy was shot in the legs several times and THEN got shot in the head on his way to the ground. We are merely stating that it is "interesting".

Nice job on the re-name of the topic KF.

Anonymous said...

I was just thinking, Byrd was shot in the legs, waist area; wouldn't the most likely scenario be that he doubled over in pain, forward, and a final bullet passed just as they described?

shadowfax said...

More time of the court totally wasted. Who gets the bill for that? Oh, ok.

Anonymous said...

i have seen cases where a bullet rerouted by bones and boomeranged, but not a .40 cal...

Steve said...

Where were the shooters in relation to the victim? If the victim was shot in or below the waist and doubled over in pain i can see where the fatal round could penetrate the skull and travel from top right to bottom left. If im getting my info correct according to the diagram it looks like the victim was more or less centered between the shooters. some wounds went left to right and some right to left. If the fatal shot came from a shooter on the victims left it makes sense.

Anonymous said...

does the felony murder rule apply here?

Shadowfax said...

But, really; what is the suggestion here? That one of the agents was up in the ceiling or that they had a pistol rigged with a string like a bucket of water over a door in a frat-house?

Anonymous said...

I am guessing (which takes quite a stretch) that he is implying that these "men", that could've been questioned and given testimony that he was not involved (yeah... right), were executed instead of being neutralized.

My take is that it is simply another crazy attempt by a crazy person to shift the focus somewhere other than where it should be.

Anonymous said...

Shadowfax, did your mother not give you enough attention as a child?


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