Nemacolin man sentenced to state prison for sex with a 15-year-old
WAYNESBURG – A Nemacolin man who had sex with a 15-year-old girl in February was sentenced Friday to 18 months to five years in state prison.
David Wayne Smith Jr., 26, of 126 Bliss Ave., asked Greene County Judge Lou Dayich for a county sentence with work release so he could help support his 2-year-old son, who is being cared for by Smith’s parents.
“They don’t get any assistance and they’re having a hard time,” Smith said. “I never grew up in an unstable home without my father and I don’t want my son to do that either. My son needs me.”
Smith, who’s been in Greene County jail since March, had asked Dayich in June for work release privileges, which Dayich also denied.
Smith pleaded guilty in June to statutory sexual assault, unlawful contact with a minor, conspiracy, corruption of a minor and indecent assault for the Feb. 14 incident in Crucible. Cumberland Township police, who investigated the incident, said they interviewed the girl and Smith’s co-defendant, Nina Jordan.
Jordan, , 24, of 330 Grant St., admitted to 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.
“I apologize to her as well,” he said in court Friday, although the victim was not present. “Bad choices were made between everybody, but as the adult and as a parent, I should have made better choices.”
Smith was not found to be a sexually violent offender, but he will have to register as a sex offender for 25 years.
He told the court Friday that he “found God” during the past seven months he’s been in jail.
“I turned my life over to God because my way wasn’t working, so I decided to try His way,” he said. “I forgot where I came from and I forgot God. I’ll do everything I can to live right.”
A chaplain with the jail, James Carpenter, spoke on Smith’s behalf.
“I’ve seen a difference in David in a good way,” Carpenter told the court. “He’s shown a desire to follow God.”
During the sentencing, Dayich said he was taking into consideration a previous robbery conviction on Smith’s record, as well as the seriousness of the charges in this case.
“In terms of your spiritual path, my hope is that your faith is strong enough to continue in that way,” Dayich said.
Smith was given credit for time served since March, and he will have to pay a $500.
Jordan was sentenced July 20 to six months to five years in Greene County jail, after she pleaded guilty to corruption of minors and indecent assault. She too was given credit for time served since March and she will have to register as a sex offender for 25 years.
She was also ordered to pay a $200 fine and to have no contact with the victim.