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Victim, accused shed tears in court
YOUNGSTOWN
A last-minute plea deal in a Mahoning County rape case sent both the victim and accused rapist from the courtroom in tears.
Sanjuan Smith, 43, of Almyra Avenue, was set to go before a jury in the courtroom of Judge James C. Evans of Mahoning County Common Pleas Court on two counts of rape, two counts of kidnapping, and felonious assault.
On Tuesday, Smith opted instead to plead guilty to reduced charges of attempted rape, kidnapping and felonious assault. He is facing up to 27 years in prison.
Natasha Frenchko, an assistant county prosecutor, said the prosecutor’s office, under terms of the plea agreement, will be recommending a 10-year prison term. Judge Evans is not required to follow that recommendation.
The victim is expected to ask the judge not to follow that sentencing recommendation and hand down a much tougher sentence. She ran from the courtroom in tears as particulars of the plea agreement were announced in open court.
Frenchko said the same plea deal was offered to Smith by a different prosecutor last year, but he declined it at that time. She said she anticipates the victim will be present in court at Smith’s sentencing and will ask the judge to give the convicted man a lengthy sentence.
“She does not agree with this. She is going to come to sentencing and ask for more than 10 years. ... She was held against her will. She was sexually assaulted. She does not agree with this,” she told the court during Tuesday’s hearing.
The victim was not the only person to leave the courtroom in tears. Smith, with his attorney Gus Theofilus, tearfully pleaded guilty to the charges, telling the court he understood his rights, but felt like it was his only option.
“This is not what it looks like. This is about a person lying,” he said.
Theofilus asked that Smith be released from the county jail on his own recognizance until the Aug. 28 sentencing, but Judge Evans denied that request.
Smith was arrested after a 28-year-old female showed up at the downtown police station in June 2011, badly beaten and asking officers for help.
Police went to the woman’s Market Street home about 8 a.m. and found Smith sleeping inside.
The woman told police Smith came to her home, and the couple engaged in consensual sex, but Smith became enraged when he looked in her cellphone and found names and text messages from other men.
According to police reports, Smith attacked the woman, striking her multiple times.
The woman said Smith then made her perform various sex acts against her will and refused to let her leave the home.
The woman said she ran out of the home to the police station after Smith went to sleep.