Man sentenced to 12 years in Dayton rape, assault

UPDATE @ 2:41 p.m.:

A 44-year-old man who pleaded guilty to charges in an Elsmere Avenue rape was sentenced to more than a decade in prison.

>> RELATED: Dayton police said they hear assault during phone call

Daniel Smith was sentenced to 10 years on a rape charge and two years on a felonious assault charge, according to court records.

The sentences will be served consecutively, meaning Smith was sentenced to a total of 12 years.

He was also ordered to register as a Tier III sex offender.
Tier III offenders have to verify their addresses every 90 days for the rest of their lives.

INITIAL REPORT:

Daniel Smith, who pleaded guilty to several charges stemming from a rape and assault at a residence on Elsmere Avenue in Dayton last fall, is to be sentenced today.

The 44-year-old on Wednesday admitted to single counts of rape and felonious assault in the Nov. 25 incident. According to a report, Dayton police said the assault could be heard as it occurred when someone placed an anonymous call to police.

Officers said when they arrived, they found a female naked and beaten up.

>> Sex offender designations: What's the worst?

The Montgomery County Prosecutor's Office agreed with the dismissal of other charges in the case, as well as all repeat violent offender specifications attached to the charges. The charges dismissed were abduction and kidnapping.

The prosecutor's office and Smith, through his defense attorney, have agreed to a sentence ranging from seven to 12 years — all mandatory time because of his previous cases. Smith also will be classified as a Tier 3 offender by the court as part of his sentence.

A sex offender is classified as Tier 3 when the crimes they commit are likened to sexual trafficking, sexual abuse, coercion or kidnapping, according to state and federal law. It is the most serious classification.

>> Live Doppler 7 Radar | INTERACTIVE

Smith remains in the county jail on $500,000 cash bond.

We will update this report as we learn more.

0
Comments on this article