Roanoke Times
Copyright (c) 1995, Landmark Communications, Inc.
DATE: TUESDAY, July 18, 1995 TAG: 9507180046
SECTION: CURRENT PAGE: NRV-3 EDITION: NEW RIVER VALLEY
SOURCE: KATHY LOAN STAFF WRITER
DATELINE: FLOYD LENGTH: Short
Donald C. Smith, 59, of Alum Ridge, entered the plea Monday to taking indecent liberties and having carnal knowledge of the boy. Smith also pleaded no contest to two charges of misdemeanor sexual battery, reduced from felony carnal knowledge charges as part of a plea agreement that garnered convictions but kept the victim from having to testify.
Last December, sodomy and aggravated sexual battery charges against Smith were thrown out after a preliminary hearing.
Juvenile Judge J.L. Tompkins II ruled there was no evidence presented to show force had been used - an element necessary for each of the four offenses to be proven.
In March, Commonwealth's Attorney Gino Williams took to a grand jury four new charges that did not require proof of force. The indictments alleged the offenses happened in 1992 and 1993 when the boy was between the ages of 13 and 15.
Monday, Circuit Judge Ray Grubbs ordered that Smith serve 90 days of a 10-year sentence. Smith received four years in prison for the indecent liberties conviction; four years in prison on the carnal knowledge conviction and 12 months in jail for each sexual battery conviction.
After serving the 90 days in the Floyd County Jail, the balance will be suspended and Smith will be placed on probation for five years. Smith started serving the sentence at 6 p.m. Monday.
Williams said in December that there was no connection between the charges and any of Smith's teaching duties.
by CNB