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Aug 22, 2011

Senseless Decision of CCW Carrier Leads to Conviction in Death of Rosetia Smith

Alicia Cruz
Yahoo News Contributor

Laquintta Turk, 23, did not know Rosetia Smith. The two women lived in the same city, but never exchanged glances let alone words until the night of Smith's senseless death as she sat in her car with her three children in tow. The senseless crime was featured on "The First 48."

The night of July 23, 2009, Smith was visiting the apartment of friend Tiffany Allen. Allen was having problems with another woman, Lashan Catlin, who was upset that Allen's sister gave birth to the child of Catlin's former boyfriend. Allen and Catlin squabbled via cell phone and that night, Catlin took Allen up on her offer to meet and argue in person on the baby-momma drama. Smith decided to leave, and as she drove out of the apartment complex, she ran into Catlin, who brought along three friends.

As the two women’s vehicles passed one another, they began exchanging vulgar insults. According to Al.com, the young women parked their cars in a parking lot on the 4100 block of Trax Drive and at some point, Catlin exited her car and approached Smith, who still sitting in her own car. Cameron Marshall, Smith's boyfriend testified that Catlin and Smith began arguing. Catlin then slapped Smith and the two began struggling.

All the time, Smith's minor children are in the back of the car. At least one of her sons was awake and witnessed the entire tragedy. One witness said Smith was trying to drive away while still tussling with Catlin through the car window. Marshall says he saw Turk with a gun, and then heard a shot fired. Seeing that Smith was injured, Marshall began steering the vehicle from the passenger’s seat. He later stopped, moved her into the passenger’s seat and drove Smith, 24, to a local hospital where she was pronounced dead. The bullet that killed Smith, landed on the shoe of one of her sons.
Backseat of Smith's car
Rosetia Smith died of a gunshot wound to her head
Turk following her arrest

One of the women went to police after the shooting and told Lead Detective Mike Allison that Turk was the shooter. Officers headed to Turk's job at a local warehouse and brought her to Birmingham P.D. for questioning.

During her interrogation, Turk told Allison that she pulled the gun out of her purse because she saw the car pull up and didn't know the occupants.

"I took my gun off of my waist and I put it behind my back," said Turk. During this time, Turk says two of her friends were fighting Smith through the car window. "Then I pulled the gun and that's when the dude [Marshall] reached," she told Detective Allison, "I don't know what he was reaching for, but he reached...and then I just shot it [the gun]."

At the end of her interrogation, Turk cried as Allison informed her that there were children in the car.

During Turk's August 2010 trial, Catlin and another defense witness said Smith was trying to drive off while still struggling through the car window with Catlin, and claimed they heard Marshall say he was getting a gun. However, Turk testified that she never heard Marshall say anything. She only saw him reach under his seat and come up with "something in his hand."

"I was not sure if it was a gun or not," she testified, arguing that she fired "to keep myself from being killed." Turk, who owned a concealed firearm permit, argued self-defense but never testified that she actually saw Marshall with a gun.

Jefferson County jurors didn't but any of it, but spared Turk a life sentence when they found her guilty of reckless murder instead of capital murder, which she was originally charged with. Darryl Bender, Turk’s attorney expressed shock and indignation at his client's conviction. Bender described Turk as a "good and decent young lady" who was placed in a situation that she did not ask for, the Birmingham News reported.

On October 9, 2010, Circuit Judge Tommy Nail sentenced Turk to 18 years in prison. Turk, who remained free on bond since the 2009 shooting, was placed into custody immediately following the judge’s order.

Two lives senselessly ruined over an ignorant decision, which bore deadly results. Smith lies cold in grave, and Turk is living out her youth at the Julia Tutwiller Prison in Wetumpka, Alabama where she will remain past age 40. The real victims, the Smith children, are now forced to live without their mother.

After Turk's arrest, the public re-ignited the gun debate. Many felt Turk had no business having a CCW permit due to her age and the fact that she obviously did not possess the emotional or mental maturity to know how to handle it properly.

In the State of Alabama, the laws states, "The sheriff of a county, upon the application of any person residing in that county, may issue a qualified or unlimited license to such person to carry a pistol in a vehicle or concealed on or about his person within this state for not more than one year from date of issue, if it appears that the applicant has good reason to fear injury to his person or property or has any other proper reason for carrying a pistol, and that he is a suitable person to be so licensed."
It goes on to say that the sheriff issuing a CCW performs a local, state, and federal criminal background checks for an applicant, but is not required to do so. 
In Alabama, the process of applying for and obtaining the CCW takes approximately 20 minutes and costs $20. It was reported that Turk purchased the weapon and permit for safety reasons (I guess she lived in a tough neighborhood). Instead she used it to end the life of an unarmed woman who, by her own account, was never a deadly threat to her. 
And quiet as it's kept, neither was Marshall, according to what Turk said. 
She admitted that she "pulled the gun" before seeing Marshall allegedly reach under the seat. She did not aim or fire her weapon at Smith's boyfriend, although she testified that Marshall was the one who presented the "threat" by allegedly reaching under his seat.

READ: ALABAMA CONCEALED CARRY PERMIT INFORMATION

Not only should Turk (or the other spectators) have not been present, but also since she decided to ride along, she should have remained a spectator and never removed that weapon from her purse or left the car. She had nothing to do with the argument. Smith never attacked her. Catlin should have never left her vehicle and Smith, as soon as she saw this gang of females in the parking lot, then heading towards her vehicle, should have drove away. She had her babies (all under the age of six) in the backseat. That was no place for them to be.

As for the man these young women were fussing over, well, we haven't heard much about him, and there is probably a good reason for that. If I were a betting woman, I would say he is nowhere to be found, and not involved in any of the participant's (and maybe the child’s) lives in any way. He probably didn't even know these girls were fighting over him.

A prison sentence and a death sentence (Smith) all because some high school boyfriend conceived a child with another female. The reason for the argument is just as idiotic as the one for the shooting.
Rosetia Smith


No doubt, Turk will have plenty of time for self-introspection at Tutwiller. I pray she forgives herself and is able to mature and re-enter society emotionally mature and definitely wiser. This incident should serve as a lesson to women who believe there is any rationale or dignity in fighting over a man for any reason...especially if it can send you to prison.

As for the CCW/gun debate, many won’t like this, but the fact remains that people kill people. Guns do not remove themselves from holsters or purses and shoot people. 
Whether guns are purchased legally or in a dark alley, a gun in the hands of an over-zealous or emotionally immature person (who was simply able to pass the background check) can and will lead to tragedies like the Rosetia Smith incident. 
Changing, and stiffening gun laws will only prove to be futile, as we continue reading stories about some licensed gun and CCW owners whose poor and/or irrational judgment have lead to the death another human being.

Change people, change the way they think and that may help prevent future incidents like this.

A. Cruz
©​Yahoo News Contributor 2011

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