BISHOPVILLE, S.C. — A jury has been picked in the trial of a man charged with killing another inmate during a 2018 riot at Lee Correctional Institution, the deadliest prison riot in state history.
Michael Juan Smith is facing several charges for his role in the riot including assault that resulted in death.
At the time of the riot, Smith was in prison for attempted murder and weapons convictions for a shooting in Columbia's Five Points that paralyzed former University of South Carolina student Martha Childress. Smith’s sentence and conviction for that case was thrown out in July 2020 by the South Carolina Supreme Court who said he deserved a new trial.
During the riot, which took place at the Bishopville prison in April of 2018, 7 inmates were killed and 22 were injured during what officials say was the worst US prison riot in 25 years.
Smith has been in the Alvin S. Glenn Detention Center in Columbia since he was charged in the prison riot. Monday, jury selection and pre-trial motions took place for Smith, who's charged with conspiracy, assault, and battery by mob in the first degree resulting in death, and prisoner carrying a concealed weapon.
During the pre-trial motions, his defense said he was acting in self-defense, but said they will no longer try to argue that he was protected under the state's stand your ground laws.
“We had talked about stand your ground versus self-defense et cetera and trial strategy-wise, case law-wise, but we’re going to still raise our self-defense but we’re not going to do it under the guise of stand your ground,” Smith’s attorney told the judge.
The state says Smith's defense needs to prove there was imminent danger to prove self-defense. “The state believes if he wanted to avail himself in self-defense in the state of South Carolina the threat and danger has to be eminent or there has to be a reasonable belief that he was in danger,” the State said.
The defense mentioned said Smith could take the stand during the trial, but that final decision hasn't been made yet. Opening statements are expected to start Tuesday, December 5th at 9:30 am.