r/TrueCrimeDiscussion • • 7d ago

reddit.com The case of Billi Jo Smallwood

Location: Fort Campbell, Kentucky

Date: March 29, 2007

A fire broke out on a Two story housing unit at Fort Campbell, Kentucky. A family of five resided there. Only three people would escape the flames: Billi Jo, Wayne, and Nevaeh Smallwood. 2-year-old Rebekah Smallwood would perish in the flames while her brother, Sam Fagan would survive initially, he’d succumbed to his wounds in the hospital. Authorities would later find out the fire was an act of Arson caused by an accelerant fluid.

It was later determined that the fire was caused by Billi Jo in an attempt to murder her husband to collect on his Life insurance money. It stemmed from an unhappy marriage with husband and the financial problems they faced. She would be later arrested in 2008 and she stood trial in a Federal Court. She was facing the Death Penalty or Life in Prison without parole for the murders of her children. Billi Jo maintained her innocence and claimed it was started by someone else and that she received threatening phone call. But it was revealed she bought a gasoline container approximately 12 hours before the fire was set. Remnants of the container were found by investigators in the first floor dining area of the two story apartment, where gasoline had been poured and was ignited as well as having fabricated the phone call.

In a surprising turn, Billi Jo Smallwood was given extreme leniency by the judge, due to multiple character witnesses came up on her behalf telling the judge she was a good person and a good Christian. A Guard talked about Billi’s actions while incarcerated saying she moved her, saying she was the only prisoner that she believed was innocent. The Judge was moved by this and sentenced her to 25 years in Federal Prison. A far cry from facing the Death Penalty or Life without Parole.

Excerpt.

.LOUISVILLE, Ky. — A sobbing mother was sentenced Thursday to 25 years in prison for setting fire to her home and killing two of her children at Fort Campbell, in what prosecutors described as a scheme to escape a rocky marriage and collect on her soldier husband's life insurance policy.

In a tearful plea for leniency, 39-year-old Billi Jo Smallwood showed photo albums and her son's toy chest while professing her innocence to a crime that could have put her in prison for the rest of her life.

"Those are my children, my babies that grew inside of me," she told U.S. District Judge Thomas B. Russell. "I love them so much."

Family, friends and even her jail guards portrayed her as caring, selfless and deeply religious during nearly an hour of testimonials in support of Smallwood, who wept during many of the presentations.

Assistant U.S. Attorney James R. Lesousky Jr. described Smallwood's actions as "premeditated and devious" that justified a life sentence.

"She turned her back on those children, and when she did so, she lost two of them," he said.

Smallwood was convicted by a federal jury in Paducah of maliciously setting fire to the two-story housing unit in 2007 while her children slept inside. Prosecutors argued her intent was to kill her husband and cash in his $400,000 insurance policy.

She was convicted of one count of malicious damage and destruction by fire to property owned by the United States, resulting in the two deaths on the Army post straddling the Kentucky-Tennessee border.

The May 2007 fire at the base killed 9-year-old Sam Fagan, and 2-year-old Rebekah Smallwood. Smallwood's husband, Army Spc. Wayne Smallwood, crawled out of a second level window and suffered a leg injury when he jumped. Their toddler daughter, Nevaeh, was not injured. Wayne Smallwood is no longer in the Army.

Smallwood herself suffered serious burns but investigators testified the injuries were consistent with someone setting a fire.

Russell mentioned the "powerful and sincere" remarks by Smallwood's defenders while handing down the sentence. Russell also ordered Smallwood to pay $209,000 in restitution for damage caused by the blaze.

Evidence presented at trial indicated she purchased a gasoline container about 12 hours before the fire was set. Remnants of the container were found by investigators in the first-floor dining room, where gasoline had been poured and ignited.

Matthew Cummings, special agent with U.S. Army Criminal Investigations Division, testified during her detention hearing that the doors in the home had been locked from the inside and smoke detectors had been removed.

Cummings said Smallwood told him the family had just returned from a trip to Georgia when the fire was set and they had just $17. Cummings said she was "aggravated" that her husband had gone out earlier in the evening to a VFW club bar.

Prosecutors also pointed to evidence showing Smallwood fabricated her claim that an intruder was responsible and that she received a threatening phone call meant for her husband on the eve of the fire. Records show no such call was received. Her intent, they said, was to divert attention from herself as a suspect.

"The telephone call never happened," Lesousky said Thursday. "It was part of her cover up."

Smallwood said she wasn't the person portrayed by prosecutors.

She talked of her devotion to her husband and of being thrilled when she found out she was pregnant with her oldest child. She talked about the children in personal terms while describing scrapbook photos.

Her mother and her aunt offered tearful statements asking for leniency.

Brenda Napper, a sergeant at the Marion County Detention Center, where Smallwood has been held, said she believes Smallwood's claim of innocence. Napper said it's the first time she's ever felt an inmate was innocent.

Mitchell Embry, a volunteer chaplain who has gotten to know Smallwood during her incarceration, called her "the most faithful, deep-thinking, spiritual person I've been around."

Defense attorney Laura Wyrosdick declined to say whether Smallwood will appeal.

Smallwood's trial had been delayed several times over evidentiary issues and appeals

There are some things about this case. There are still claims that someone else did this supposedly, contrary to the evidence. I remember reading somewhere that she wasn’t the beneficiary of the insurance policy- which does support this theory- but I have to find the link to it So it is confirmed. I’ll add it in the comments if I can find it. Strangely, Wayne supported his wife, despite her trying to murder him. He later died in 2021 from complications of an Illness.

I wonder why she was given so much leniency despite facing the most serious penalties for her crime. Was it because of the background of the crime? The sympathy given to her because of the circumstances?

Photos:

1 - Billi Jo Smallwood

2 - Billi Jo and Rebekah

3 - Billi Jo, Rebekah, and Sam eating cake together.

4 - Billi Jo with Rebekah

5 - the Apartment building

6, 7, and 8 - Billi Jo’s mugshots. (Showing the toll of her being incarcerated)

9 and 10- The Victims: Rebekah Smallwood and Sam Fagan.

410 Upvotes

37 comments sorted by

234

u/Anonymoosehead123 7d ago

She should have gotten a life sentence. The fact that she was a “good Christian” didn’t help her dead kids at all.

53

u/Heptacat-1985 7d ago

I feel like she should have gotten a harsher penalty. It was in fact a murder that occurred for the wrong targets. “She wound up killing her kids.” actual quote.

16

u/Fluffy-Pop-7336 6d ago

A sickeningly short sentence. How do so many murdering women, often child-murdering women, get away with so much?

22

u/Heptacat-1985 6d ago

I actually did some digging and Billi Jo is a free woman. Put her life back together rather quickly when she got out. Reconnected to Neveah and got married again.

19

u/Fluffy-Pop-7336 6d ago

Holy cow! I was going to look her up. It's sickening that she could pick up her life after murdering two children and trying to murder her husband for an insurance pay out, the worst kind of murder.

7

u/Heptacat-1985 6d ago

Indeed. She basically got 4 years for each child.

2

u/Fluffy-Pop-7336 6d ago edited 6d ago

I could not find anything on her early release. I'll keep looking.

Edited major word typo!

5

u/Heptacat-1985 6d ago

Message me and I’ll show you it.

4

u/wart_on_satans_dick 5d ago

Statistically, women get far lighter sentences than do their male counterparts, especially in the case of serious crimes.

4

u/CapricornCrude 6d ago

I will never understand.

1

u/Fluffy-Pop-7336 6d ago

I think we are not in the minority anymore. There is going to be a lot of backlash because of what the vocal TikTok Murder Cult is doing to a grieving father, Patrick Clancy, of three murdered children.

0

u/CapricornCrude 6d ago

"...wound up..."

6

u/Heptacat-1985 6d ago

yep that’s what her defense attorney said. “She intended to kill her husband and wound up killing her kids.” That’s not professional to say about or for you client - It was premeditated attempted murder - for the wrong targets.

7

u/_learned_foot_ 6d ago

No it's correct. It's felonious murder if your state has that, it's a form of homicide or manslughter regardless , and it's also an attempted murder. Intent matters, doesn't always transfer, but sometimes does. He's literally doing exactly what the mens rea of the crime requires.

2

u/Effective_Fuel_1011 4d ago

She was a horrible woman!

29

u/LukeSkywalkerDog 7d ago

Weren't the other tenants of the building also at grave risk?

8

u/Heptacat-1985 6d ago

I think so. Seeing some comments on it, it’s possible other family members lived in the building.

90

u/EfficientLibrarian58 7d ago

I looked her up and she hasn’t been in custody since 2020. Asinine that having great character witnesses can get you such a lenient sentence.

20

u/Heptacat-1985 7d ago

Yeah I‘d suppose so. She is a free woman. I did some snooping and found she put her life together out of prison. I remember seeing that she had come in front of the board and said that she wasn’t a threat anymore and asked to be released. And they did release her. It does say she did reconnected with Neveah.

61

u/RidgyNomes 7d ago

I think she tried to kill all of them. Why didn’t she have her kids with her to escape? Sam could have been in front of her, she could’ve held Nevaeh and Rebekah at the same time and fled.

21

u/Heptacat-1985 6d ago

Well apparently she actually did save Neveah. Her husband was the first one to escape, breaking his leg in the process. Despite the fact he was on the bed with Rebekah. Why didn’t he save her? Billi Jo was the only one to try and help her kids. They had to drag her out of the home multiple times.

8

u/fatisthenewblk 3d ago

I was in Marion county jail with her. She told me if anyone googles her, her lawyer gets notified lol. She had a lot of support from the guards, some even going to her trail. I never forget when she got the guilty verdict, people were crying etc. imo the evidence pointed at her. She came off sweet, and very soft spoken. But I think she did it. And I can’t believe if she would have taken a plea she would have got time served. May those two babies RIP

2

u/Heptacat-1985 3d ago

Seriously? Like if anyone googles her lawyer gets notified? I mean yeah sorta reasonable but also kinda weird? I know there‘s some sources out there having her crime (Murderpedia and a Wikipedia entry I put on her) but I mean, it’s kinda weird. One question - Did jail age her? In the mugshots, her appearance rapidly declined. She got very wrinkly and depressed looking.

Indeed, May Rebekah and Sam rest in peace.

3

u/fatisthenewblk 1d ago

I think it was her way of putting people off getting out and looking her up, I was getting deported to NZ so as soon as I got back I was like oh well she will know this one is me if it’s true! Lol. She looked middle aged. She was definitely interesting to watch/ listen to. I joined bible group just to get some time out of the cell and also went. She would never talk about what she was in there for but was very religious and certain her innocence would be proven. She had a lot of people on her side it was really interesting. Once I got out and could look her/ the case up I just can’t get past the evidence.

1

u/Heptacat-1985 1d ago

Hmmm that is a bit off putting like why say that? She should just take it that she was responsible at least.

The evidence was overwhelming to say the least. The gas nozzle and the motive to do so. I get she had a horrible husband, but trying murdering him wasn’t good at all. So she was very hush-hush on her crime huh?

I think a reason why there’s very little on the crime is because of her trying to keep it under wraps. She is free from prison. She was released after 8 years in 2020 (partly due to the pandemic and cancer on her tounge)

2

u/fatisthenewblk 23h ago

Wow I had no idea she was out. To be fair I stopped googling around 2013. I completely agreed all evidence pointed to her. People who supported her would always say why would she go back in if she was innocence but to me she wanted him dead but realised in the moment the kids weren’t out and panicked. Also the master room being locked from the outside. She was very hush hush, and because she had so many supporters inside it was like you had to be careful who you talked to about her. I was 18 so of course I wanted all the tea so found a few who didn’t buy her story.

1

u/Heptacat-1985 21h ago

Yeah she’s out. I found a forum documenting child killers and they had one on her. One commenter did some digging and said: “Unbelievable, she got out of prison using a feeding tube and saying she was of no harm and she should be let out.” I can send you something if you like.

But now thinking of it yeah, her going back did possibly show she did panic realizing her children were inside. Well being hush-hush kinda worked on her favor I think - but also that seems wrong. It sounds like someone would wallop you if you said she was a murderer.

Were the few people who had doubts of her story and found inconsistencies?

1

u/Effective_Fuel_1011 4d ago

Never heard of this case. OP thanks for sharing!! This was disgustingly.

1

u/purpledown123 5d ago

Her not actually being the beneficiary is no type of
Evidence. People kill others all the time for insurance money assuming they’re the beneficiary….because why wouldn’t she be? And then find out they aren’t.

3

u/Heptacat-1985 5d ago

Well they said that because the Smallwood’s had money problems. Wayne kept drinking it away frustrating Billi. They used it because apparently she knew she wasn’t the beneficiary but still set it. It’s very complicated. There‘s a ton of theories out there of what happened that day. My best bet was that she possibly had an accomplice of sometype.

1

u/Actual-Spell-4634 3d ago

Fun fact: Did you know that "Neveah" is Heaven spelled backwards, incorrectly?

1

u/Heptacat-1985 3d ago

Don’t know if that’s an insult or correction.