ASShole Indy police officer sentenced to house arrest for coercing sex from 19 year old

(Original Post 8-22-08)
Anthony S. Smith, 36, was charged with rape, criminal deviate conduct, sexual misconduct, and official misconduct Thursday after a SWAT team arrested him at his home Thursday afternoon. The charges stem from allegedly sexually assaulting a 19 year old woman Friday, August 15.

Prosecutor Carl Brizzi and Indianapolis Police Chief Michael Spears held a joint news conference yesterday, stating "Things don't get much worse than this case. These allegations are horrific. ... This officer used his authority and position, allegedly, to satisfy his own desires."

According to a probable cause affidavit, Smith stopped the woman at an Eastside gas station and told her she was wanted on a warrant in a misdemeanor case involving driving without a valid license.

"I’m going to give you an option. I can lock you up, but I really don’t want to,” Smith said, according to court documents, “or you can ride with me for an hour.” The victim agreed to ride with the officer. Smith, the woman said, threatened to jail her if she did not have sex with him. Smith later admitted to having sex with the woman but said it was consensual. He denied threatening to arrest her, according to the affidavit.

IMPD Patrol Officer Anthony S. Smith, 36, was suspended without pay Monday morning, Chief Michael Spears said in a news conference Tuesday afternoon.

A woman came forward on Aug. 15, telling police Smith had assaulted her while he was on duty.
Spears would not comment on those allegations, but said that Smith had violated several police department procedures, including IMPD's ride-along policy.

"He did not devote his full attention to duty. I believe he was in violation of many other of our policies … and those, combined with the other allegations, which will be forthcoming, were enough information for me Sunday night to make the decision to immediately separate him from employment."

Smith worked nights with the Northeast District, a post he was assigned to in April of 2007, police said.

The arrests of several officers this year on charges ranging from running a prostitution ring to selling firearms to felons, drunken driving and drug trafficking have damaged the department.

Mayor Ballard said the police chief did the right thing in dismissing Smith.

"We give him the latitude to do what he thinks is the right thing to do with the cops," Ballard said. "They're seeing it. If they get out of line -- we don't want a witch hunt -- but if they're doing the wrong thing, they're going to pay the price."

(Update 8-28-08) Smith was arraigned Monday, August 25 in Marion Superior Court Judge Mark Stoner's courtroom. Judge Stoner entered not guilty pleas on his behalf and set a trial date for October 27. Wife Deidre Smith said that she loved her husband and that's he's innocent. Smith is being held on $80,000 bond. Attorney Robert Love of Ft. Wayne will represent Smith during his trial.

(Update 7-26-09) Smith was sentenced to 4 years suspended after pleading guilty. The former officer, now 37 years old, will serve another year of house arrest and won't be registered as a sex offender. The plea agreement, accepted by Judge Stoner, stipulated that while no force was used, Smith's misconduct towards the victim was unjustified.

A woman who identified herself as the young woman's mother called the sentence "a slap on the hand." The woman angrily told reporters and a court bailiff outside the courtroom that her daughter was raped. That was the original charge but after further investigation the prosecution agreed to a plea bargain on the lesser charges of sexual misconduct and official misconduct.

Smith and his attorney declined comment. Smith's mother, stepfather, pastor and former co-workers testified on his behalf. All said he has shown remorse.