Preliminary Hearing Set For Alleged Inmate Rape

Whitebear

Publisher/Editor-in-chief
http://news-register.net/community/story/1...02003_com01.asp

MOUNDSVILLE - A preliminary hearing in the case of a Northern Regional Jail inmate accused of attempting to rape his sleeping cell mate has been scheduled for Friday in Marshall County Magistrate Court.

Jason Paul Smith, 19, of New Martinsville faces a charge of sexual abuse in the first degree - a felony offense carrying a possible sentence of five years in the West Virginia Penitentiary, a fine of $10,000 or both.
The alleged attempted rape occurred on Dec. 16 while Smith was lodged at the jail in connection with his convict
on for breaking into and vandalizing Magnolia High School in Wetzel County.

For that offense, Smith was sentenced to 10 years in the state penitentiary in Wetzel County Circuit Court.

The
pre
iminary hearing on Friday will determine if prosecutors ha
ve enough probable cause for Smith to be bound over to the next Marshall County Grand Jury.

According to court documents, Smith and the alleged victim were the only occupants of the cell at the time of the incident.

The victim reported to a West Virginia State Police trooper that he was sedated with lithium at the time and was in a "deep sleep."

He reportedly awoke to what he believes was an attempted sexual contact initiated by Smith.

The alleged victim was taken to Reynolds Memorial Hospital in Glen Dale for observation.

No injuries were found, and the alleged rape attempt was deemed "unsuccessful."

Information from the investigating officer, West Virginia State Troope
r J.A. Laing indicated Smith admitted to the rape attempt.

Laing said Smith's actions could have been prompted by stress related to his sentencing hearing in Wetzel County, which was sched
uled for la
ter that day.

Smith remained in the NRJ on Monday.
 
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