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Nemacolin man guilty of statutory sexual assault

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WAYNESBURG – A Nemacolin man who had sex with a 15-year-old girl in February pleaded guilty Tuesday in Greene County court.

David Wayne Smith, 25, of 126 Bliss Ave. pleaded guilty before Greene County Judge Lou Dayich to statutory sexual assault and other charges in connection with the Feb. 14 incident in Crucible.

A co-defendant, Nina M. Jordan, 24, of 330 Grant St., who allegedly was also involved in the assault, faces similar charges. Her case has not yet been adjudicated.

Smith was ordered to be evaluated by the state Sexual Offenders Assessment Board to determine if he is a sexually violent predator. He will be formally sentenced following the assessment.

However, Dayich’s order indicates Smith’s plea agreement recommends an 18- to 60-month sentence. Depending on the results of the sexual offenders assessment board’s evaluation, Dayich said, he intends to accept the prosecution’s recommendation.

Cumberland Township police, who investigated the assault, said they interviewed both Jordan and the girl after receiving a report about the incident.

Jordan admitted being at the house in Crucible Feb. 14 and going with Smith and the girl to a bedroom, according to the complaint. Jordan told police, however, she felt uncomfortable and left.

The girl told police she had sex with both Jordan and Smith. The girl also said all three had taken Subutex, a narcotic, before they engaged in sex.

Multiple text messages on Smith’s cellphone indicated a sexual relationship between Smith and the girl, police said.

Smith pleaded guilty to statutory sexual assault, unlawful contact with a minor, conspiracy, corruption of a minor and indecent assault. Charges of involuntary deviate sexual intercourse, indecent exposure and additional conspiracy counts were withdrawn as part of the plea agreement.

Dayich also denied a request by Smith to be granted work release pending his sentencing. He remains in the Greene County jail while awaiting sentencing.

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