Roanoke Times
                 Copyright (c) 1995, Landmark Communications, Inc.

DATE: THURSDAY, December 22, 1994                   TAG: 9412280010
SECTION: CURRENT                    PAGE: NRV2   EDITION: NEW RIVER VALLEY 
SOURCE: KATHY LOAN STAFF WRITER
DATELINE: FLOYD                                 LENGTH: Short

SEX CHARGES AGAINST TEACHER ARE DISMISSED

The court threw out charges against Donald C. Smith, 59, of Alum Ridge after a preliminary hearing in Floyd County .

The proceedings were closed because the alleged victim is a juvenile and because of the nature of the charges.

The warrants, filed in March, accused Smith of committing three counts of sodomy and one count of sexual battery of a Floyd County boy who was between the ages of 13 and 15 in 1992, Commonwealth's Attorney Gino Williams said. There was no connection between the charges and any of Smith's teaching duties.

Testimony by the boy was the only evidence offered during the hearing, which lasted about two hours. Judge J.L. Tompkins III ruled that the prosecutor failed to show the defendant used force - an element necessary for each offense to be proven.

Williams has the option of taking the allegations against Smith to a grand jury for direct indictment.

The school system suspended Smith from his teaching job when the charges were entered. School Superintendent William Asbury could not be reached for comment Wednesday on Smith's status now that the charges have been dismissed.