Accused murderer backed out of guilty plea after admitting she sent photos of the killing to cousin

While Marshall Rath was being beaten and stabbed to death, photos and videos of the fatal attack were sent to a woman in Quebec, a Calgary judge was told Friday, just before one of the accused killers backed out of her guilty plea.

Jordan Smith and Dominic Hood were both charged with the second-degree murder of Rath, who was killed on Feb. 22, 2022.

On Friday, Smith began the process of pleading guilty to the lesser offence of manslaughter, even telling the judge that all of the details of the crime read aloud from an agreed statement of facts were true and adding supplementary information about the killing.

But moments before the judge could accepted her plea, Smith changed her mind.

Smith suffers from several mental health issues, including a diagnosis of bipolar disorder. The court has twice sent Smith for assessments to determine if she understands the court process.

'I want a trial'

So, at the outset of her plea, defence lawyer Adriano Iovinelli told Court of King's Bench Justice Earl Wilson that his client's mental state was fragile and the court would need to proceed cautiously in handling the plea.

While canvassing the consequences of her plea, Wilson reminded Smith that she was giving up her right to a trial. At this point, Smith changed her mind.

"I want a trial," she told the judge.

In the gallery of the courtroom, Smith's family members were visibly upset.

"It's your absolute constitutional right to have a trial," Wilson told the accused killer.

Smith punched Rath in face with a chain

Before Smith backed out of the plea, new details of the killing were read aloud in court by prosecutor Shane Parker from an agreed statement of facts (ASF) signed by Smith and lawyers on both sides.

According to the agreed statement of facts, Smith and Rath were in a relationship until a few days before the killing.

At the time, Smith began dating Hood and the two agreed to meet on Feb. 22, 2022, at the apartment Smith and Rath shared.

Story continues

On Feb. 21 and 22, there were two recorded incidents involving Rath as a victim.

On Feb. 21, Smith recorded photos and a video where she wrapped a chain around her fist and punched Rath in the face.

Messages, photos, videos sent to cousin 

The video, played three times in court, shows Rath fall to the floor before the camera is turned around to show Smith shrugging.

Smith sent the video to her cousin Harriot Johnson, who was living near Montreal.

The next day, Johnson received more messages, photos and voice calls.

The photos showed Rath's bloodied face, Rath sitting on his bed bleeding and Rath lying on the floor of his bedroom.

Johnson heard Smith telling Hood, "It's you I want, I don't care about him."

"There is blood everywhere, I think he is dead."

Cousin called police 

Johnson contacted authorities to report what she believed was a murder.

When Calgary police showed up at Rath's apartment, they found his body in the bathroom.

He'd been badly beaten and stabbed six times.

When Hood was arrested, he told police that Smith had given him the knife and "set him up" to kill Rath, according to the agreed statement of facts.

Hood admitted to stabbing Rath and beating him.

Last July, Hood pleaded guilty to murder but has since fired his lawyer and is "seeking a second opinion" on whether he wants to attempt to back out of his plea.

Both are back in court on Feb. 9.