Alleged child rapist makes calls from jail
By JESSIE STENSLAND
Whidbey News Times Assistant editor
February 13, 2009 · Updated 10:29 AM
A man accused of raping a child violated court orders by calling his ex-wife from the Island County jail, court documents indicate.
Prosecutors charged 36-year-old David Smith of Oak Harbor Jan. 22 with second-degree rape of a child, two counts of child molestation in the second degree and the violation of a no-contact order.
If convicted of the charges, Smith would face a minimum of 12 years and two months in prison under the standard sentencing range.
Detective Sgt. Teri Gardner with the Oak Harbor Police started investigating the case after a 13-year-old girl showed up at the doorstep of an Oak Harbor home the night of Jan. 18. The sobbing child, who had no coat and no shoes, told the resident that Smith had been molesting her, Gardner wrote.
In an interview, the girl detailed an incident in which she claimed she woke up to find Smith raping her; she also claimed that she awoke twice before to discover that he was molesting her, the report states.
Smith, a member of the Navy, denied sexually assaulting the girl. He became very upset when he was arrested. Officers had to use a Taser to stop him from beating his head against the floor and hurting himself. He was put on suicide watch in the jail.
On Jan. 20, Judge Vickie Churchill ordered that Smith be held in jail in lieu of a $250,000 bail bond. She also approved orders preventing Smith from contacting the victim and a number of others, including the victim’s mother.
According to court documents, the victim’s mother reported that Smith called her from the Island County jail, in violation of the court order. A call log showed the six calls were made to the woman from “cell F.”
In response, Chief Criminal Deputy Colleen Kenimond asked the court to increase Smith’s bail to $500,000, but the judge kept the bail at $250,000. The prosecution later asked the court to remove the no-contact order barring him from contacting his ex-wife.
Smith attorney, Darrin Hall of Coupeville, said he didn't know why the no-contact order was authorized in the first place.Contact Whidbey News Times Assistant editor Jessie Stensland at firstname.lastname@example.org or 360.675.6611 ext. 5056.