Defense attorney Allen Smallwood successfully argued that Benjamin Smith, 27, acted in self-defense when he shot Samsun Smith, 22, in the chest during an altercation in March 2006.

Smallwood called the outcome a "major victory" for the Smith family, who endured seven hours of deliberation before learning the verdict.

In his closing arguments, Smallwood pleaded with jurors to think about the effect the case would have on society. ''You are going to tell Tulsa County whether a person has the right to defend themselves like Benjamin Smith did,'' Smallwood said.

The altercation, which took place at a family residence in west Tulsa, escalated when Benjamin Smith aimed a rifle at Samsun Smith, testimony indicated.

Immediately before he was shot, Samsun Smith threw a pillow at his brother and took a step backward.

Assistant District Attorney Mike Abel, representing the state, said this showed Benjamin Smith was not acting in "reasonable" fear but rather wanted to control his brother.

"Is it reasonable that I take a step back and you kill me?" Abel said. "Samsun's last act on earth was to throw pillows in the face of Benjamin's authority."

After shooting his brother, Benjamin Smith called 911 and waited for police to arrive, which he wouldn't have done if he were guilty of murder, Smallwood said.

Smallwood told the jury that Benjamin Smith wanted to help his brother during this time, despite Samsun Smith's "irrational, almost psychotic behavior."

Benjamin Smith was originally charged with first-degree murder, but jurors were also given the option of convicting him of first-degree manslaughter.

Kelly Hines 581-8408
kelly.hines@tulsaworld.com