Tampa man convicted in deadly road rage stabbing granted new trial for judge’s mistake
TAMPA, Fla. - The person convicted of killing a Tampa man in a road rage incident that happened five years ago is getting a rare second chance in court.
An appeal court is giving Teddy Baltimore Smith a do-over because of a mistake made in his case.
In a rare decision, Smith was granted a new trial by the Second District Court of Appeal.
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They ruled that the trial judge made a mistake by not allowing Smith to represent himself, something he wanted to do. Denying him that right was an error that deserves relief according to the court.
Teddy Baltimore Smith is getting a rare second chance.
Legal expert and defense attorney Bjorn Brunvand reviewed the opinion for FOX 13.
"He’s back to square one. He has a presumption of innocence. He can have a jury trial. He can file motions. It’s like he’s starting all over," explained Brunvand.
In August 2019, a jury convicted Smith of killing Gilbert Serna for spitting out of a truck window. They say Serna was a passenger in a utility truck, when he spat out the window, and it landed on Smith‘s black BMW.
Smith jumped out of the car and stabbed Serna to death. At his sentencing, Smith blamed the victim for provoking him.
"He pulled up on me and spit on me after I asked him to please not to do that. I don’t know how come he did that," questioned Smith.
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Tampa Judge Melissa Pollo sentenced him to 28 years in prison, but now her error will give Smith a new start.
Gilbert Serna was stabbed to death during the road rage incident.
"We want to make sure that everyone gets a fair trial, and all the constitutional rights are observed, and this is one of the constitutional rights we take seriously," explained Brunvand.
It’s unclear if Smith will be represented by a lawyer or if he plans to represent himself.
Smith is back in court for a hearing in August. His trial date has been set for Sep. 5.