Accused road rage killer granted rare new trial may use a lawyer this time around

TAMPA, Fla. - A man who was convicted of manslaughter after stabbing a man to death who allegedly spit at his BMW has been granted a new trial and though he said he wanted to represent himself in court, there are hints that he may use an attorney this time around. 

Notorious murder defendant Teddy Baltimore Smith was back in a Tampa courtroom on Monday. 

Smith was convicted three years ago of killing a man during a road rage incident. 

Teddy Baltimore Smith was convicted of murder during his first trial. 

In August 2019, a jury convicted Smith of killing Gilbert Serna for spitting out of a truck window. 

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Serna was the passenger in a utility truck, when he spat out the window, and it landed on Smith’s black BMW. 

Gilbert Serna was a passenger in this truck when he allegedly spat on Smith's BMW. Smith is accused of stabbing him to death afterward. 

Prosecutors say Smith jumped out of the car and stabbed him to death. At his sentencing, Smith blamed the victim for provoking him.

Smith was sentenced to decades in prison, but a mistake made by a judge is giving him a second chance. The Second District Court of Appeal made a rare decision to grant Smith a new trial.

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It ruled the judge made a mistake in not allowing Smith to represent himself, something he wanted to do. According to the court, denying him that right was an error that deserved a do-over.

Gilbert Serna was killed during the road rage incident.

However, during Monday morning's hearing, Smith's new lawyer, Jeff Marshall, announced that he would be the attorney of record to the court.

"Mr. Smith is here and in custody, and I’m representing him," stated Marshall.

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From the beginning, Smith wanted to act as his own attorney, which is called going ‘pro se’, but there are hints he may be changing his mind.

Teddy Baltimore Smith standing next to attorney in a Tampa courtroom. 

"I’ve cleared my calendar for Sept. 5. I have one conflict, but I will sort that out by the time we go to trial," Marshall explained.

Tampa Judge Melissa Polo sentenced Smith to 28 years in prison, but now his conviction and that sentence have been thrown out.

Smith‘s trial is set for Sept. 5 and is expected to last one week.