Woman charged with capital murder in shooting death of 15-year-old on Christmas Eve denied bond again, trial set

Mobile County

MOBILE, Ala. (WKRG) – A woman being charged with capital murder in the shooting death of a 15-year-old boy on Christmas Eve in 2018 was denied bond again in court on Monday.

India Nelson and Rory Smith were previously indicted by a grand jury in the death of 15-year-old Jakory Smith. Prosecutors say Smith, who was attending Baker High School at the time, was sleeping in his bed at the Carondolet Apartments on December 24, 2018 when a bullet came through the window and hit him.

Nelson and Smith were originally charged with murder, discharging a gun into an occupied dwelling, and criminal mischief in connection to the killing. The grand jury then upgraded both their charges to capital murder.

Nelson had originally made bond but when grand jury indictment came down in 2019, her bond was revoked.

Since being rearrested, she has remained in jail with no bond. Her attorney, Jeff Deen, was seeking bond on Monday just two months before her case is set to go to trial but Judge Hambright denied their request.

The judge stated Nelson is facing serious charges and should remain behind bars until her trial in a couple of months.

Smith appeared in-person for the hearing but was escorted back to Mobile Metro Jail after the ruling came down.

Her trial has been set for May 24. She has previously plead not guilty.

Rory Smith, Nelson’s accomplice, is also charged in the shooting and remains in Mobile Metro Jail until his trial.

The family has since moved out of Mobile because they told us they fear for their safety after they say Smith was innocently shot and killed while he was asleep on the couch. The victim’s mother says they were not informed of this week’s court date but still want to see justice for Jakory.

Nelson’s family was in court on Monday, however, and were hoping the judge would grant her bond.

They declined to speak with WKRG News 5 but Nelson looked back at them after the judge denied her bond.

If Nelson is convicted of capital murder, she could face the death penalty.

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