PERRY -- A Warner Robins woman accused of fatally shooting her husband after he served her with divorce papers now faces felony murder and other charges.
Ebony Passion Smith, 31, was reindicted by a Houston County grand jury Tuesday on the additional charges. She was originally indicted on a charge of malice murder, which accused her of premeditating the killing.
The new charge of felony murder is when someone dies in the commission of another felony.
Smith now also is charged with aggravated assault, aggravated battery and possession of a firearm during a crime, according to the new indictment.
At 5:59 p.m. July 15, 2011, police were dispatched to 119 Jay Drive in Warner Robins in reference to a deceased person. Brian Smith, 30, was found dead inside the home, shot several times in the upper torso. Police officers found Ebony Smith in the back bedroom, where she had attempted suicide by taking medication, a Warner Robins police news release stated.
Judge Edward D. Lukemire signed an order Jan. 16 for a mental evaluation of Ebony Smith to determine the degree of criminal responsibility or mental competency at the time of the alleged act, according to Superior Court records.
A defense notice to raise insanity, mental illness or mental retardation as a defense was filed Jan. 16 by Houston County Public Defender Nick White, according to court records.
According to police reports, the victims brother called 911 after he went into the home because his brother was not returning phone calls. He found his brother dead in the bathroom.
Ebony Smith was found under the covers in the master bedroom, according to the defense notice. She reportedly had taken large doses of different medications before and after the shooting, the notice states.
Smith was taken to The Medical Center of Central Georgia where she was placed in intensive care on life support and later moved to a regular room, the notice states. She was next moved to Central State Hospital, where she remained until transferred to the Houston County jail on Nov. 29, 2011.
The Central State Hospital diagnosis was for major depressive disorder recurrent with severe with psychotic features, the notice states.
The prognosis was of delusions or hallucinations or serious impairment or inability to function, and Smith was considered a high risk for suicide, the notice states.
According to police reports included in the court file, Ebony Smith told police she shot her husband, who had served her with divorce papers.
Ms. Smith stated that she was mad and tired of being lied to and cheated on, a police report stated.
She also told police her husband had hit her a couple of times in the face and pushed her down before the shooting, the report stated. The officer did not observe any visible injuries, the report stated.
A handgun was found at the foot of the bed, where Smith was under the covers, near some papers, the report stated. Several empty bottles of various prescription medications were found on the dresser near the bed.
The couples children, ages 10 and 4 at the time of the shooting, were not at home, the report stated.
At her May 19, 2012, arraignment prior to the new indictment, Smith pleaded not guilty. A new arraignment is expected in light of the new indictment.
Neither White or prosecutor Dan Bibler could be reached for comment.