The Enid News and Eagle, Enid, OK

December 9, 2013

Man waives right to hearing

By Cass Rains, Staff Writer
Enid News & Eagle

ENID, Okla. — An Enid man charged with second-degree rape and soliciting sexual conduct or communication with a minor by use of technology waived his right to a preliminary hearing on the charges.

The hearing was set for Friday afternoon, but online court records show Anthony David Smith, now 20, waived his right to the hearing. He will be bound over on the felony charges and is set for District Court arraignment today.

A preliminary hearing is not to determine guilt or innocence, but rather whether there is enough evidence for the case to continue.

Smith was charged in May following an investigation by Enid Police Department.

According to an affidavit filed in the case, an Enid Police Department officer spoke with a woman and her 14-year-old daughter.

The woman told police her daughter had sex with a 19-year-old man she identified as Smith. She said her daughter had met Smith online and told him she was 14 years old.

When the officer spoke with the teen, she said she had sex with the 19-year-old man, according to the affidavit. She said this happened at his apartment.

On May 7, a detective spoke with Smith at his apartment.

Smith confirmed he had sex at his apartment May 4 with the girl, but it was consensual, the affidavit states. He said they met at “Tri-State” and then went back to his apartment.

He said when they arrived, she pushed him up against a wall and began kissing him, according to the affidavit. He said they went into a bedroom and had sex.

Smith told the detective he never asked the teen how old she was, but “just assumed” she was 17 because of how she looks, according to the affidavit.

After speaking to Smith, the detective contacted the teen’s mother and was able to retrieve messages between Smith and the woman’s daughter on Facebook.

The two began communicating through Facebook on April 8, and at 5:26 p.m. the following day, Smith told the teen he was 19, and she told him she was 14 years old, according to the affidavit.

The two continued communicating for about a month, during which Smith asked the girl for nude photographs and described “other lewd and lascivious situations,” according to the affidavit.�