INDIAN RIVER COUNTY, Fla. — An Indian River County woman accused of shooting and killing her boyfriend will not stand trial after a judge ruled the case fell under Florida’s “stand your ground” law.
WATCH BELOW: 'Justice wasn't served in this case,' Ashley Simmons tells WPTV's Mello Styles
This week, a judge dismissed the second-degree murder charge against Donna Smith, who was arrested in February 2024 for the death of her boyfriend, Jeffery Simmons.
Smith’s attorney, Andy Metcalf, argued she acted in self-defense during a violent encounter inside her real estate office in the Vista Royale community. The judge ruled prosecutors did not have the evidence to disprove her claim.
“If the state can’t prove it by clear and convincing evidence, there’s no way they could prove it beyond a reasonable doubt,” Metcalf said. “This is absolutely a just verdict.”
Court records said the couple argued earlier at Simmons’ condo. Later, Simmons entered Smith’s locked office after she had placed a doorstop in the door. Smith fired one shot at the wall. Records state Simmons said “you’re dead” before moving toward her, prompting Smith to fire a second shot that fatally struck him.
Investigators documented bruising on Smith’s upper thigh and under both arms, along with other marks. Metcalf said his client, who he described as a domestic violence victim, “did what she felt she had to do.”
Ashley Simmons, the victim’s daughter, disputes that account.
“He was super strong, he was super kind,” she said. “I believe this sets a dangerous precedent. Justice wasn’t served in this case.”
Under Florida’s “stand your ground” law, people are not required to retreat if they believe deadly force is necessary to prevent death or great bodily harm.
