Brilliant point, if it had not been a gun battle in a jail. Where did Smith get the guns? It is murder if you are in jail and shoot someone (or several and they die).
It all depends on how it really went down. It just seems doubtful to me that Smith would have fired until he was fired upon. If I’m outnumbered like they were, I’m hoping law enforcement will intervene, so I’m not going to fire except as a last resort, i.e. shots are already being fired in my direction. Liquor could impair judgment of course, I’d be curious to know of any evidence that any of the jailed men were intoxicated.