Plea entered in rape case
KEITH KINNAIRD | Hagadone News Network | UPDATED 7 years, 3 months AGO
SANDPOINT — A convicted rapist from Washington state accused of perpetrating another rape in Bonner County last summer entered into a plea agreement to resolve his case, 1st District Court ecords show.
Kim Michael Smith was charged with rape and forcible penetration after allegedly forcing himself on a woman he was camping with in the Hoodoo Valley on June 19. Bonner County Deputy Prosecutor Louis Marshall also sought a 15-year mandatory minimum sentencing enhancement because Smith had been convicted of second-degree rape in Snohomish County, Wash., in 1991.
Smith, a 65-year-old from Spokane, pleaded not guilty to the charges and a four-day jury trial was set for Oct. 10.
The alleged victim, 31, told sheriff’s deputies that she took her young son camping with Smith. She awoke in the early morning hours to an intoxicated Smith pinning her wrist down to a sleeping berth in a camper.
“This is going to happen now!” the woman quoted Smith as saying, according to a probable cause affidavit. The woman said she led her son to wait in a nearby vehicle and returned to the camper, where she was slapped and raped, the affidavit said. The woman said she felt she had no choice but to give in to Smith’s sexual demands because had a gun and said he was “armed and dangerous.”
A criminal complaint alleges the woman’s resistance was overcome by a reasonable expectation that harm would come her way if she did not comply. Smith told deputies he was in a dating relationship, a claim the woman steadfastly denied, court records indicate.
Smith appeared in court on Tuesday, where he entered an Alford plea to the rape charge. Under such a plea, Smith admits no wrongdoing but concedes the state could obtain a conviction if the case went before a jury.
Bonner County Chief Deputy Public Defender Susie Jensen said her client is not denying wrongdoing, but doesn’t clearly recall the events of the morning in question, court records indicate.
In exchange for the plea, the forcible penetration charge and sentencing enhancement were dismissed, according to a pretrial settlement agreement. The state also agreed not to pursue other viable but unspecified charges arising from the incident, court records indicate.
The state is recommending a 10- to 20-year prison term, while Smith’s counsel remains free to argue for a lesser sentence. Smith also waived his right to appeal his conviction and sentence, according to the agreement.
Smith remains held at the Bonner County Jail in lieu of $250,000 bond. He is scheduled to be sentenced in December.
Keith Kinnaird can be reached by email at kkinnaird@bonnercountydailybee.com and follow him on Twitter @KeithDailyBee.
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