Lima man takes plea deal; trades rape charges for sexual battery


By J Swygart - jswygart@limanews.com



Brandon Smith, 36, of Sidney, pleaded guilty Monday to two counts of sexual battery, third-degree felonies, for allegedly engaging in sex with a female victim “by force or the threat of force,” according to the indictment against him. Smith was originally charged by an Allen County grand jury with two counts of first-degree felony rape.

Brandon Smith, 36, of Sidney, pleaded guilty Monday to two counts of sexual battery, third-degree felonies, for allegedly engaging in sex with a female victim “by force or the threat of force,” according to the indictment against him. Smith was originally charged by an Allen County grand jury with two counts of first-degree felony rape.


LIMA — A Sidney man facing two counts of rape on Monday pleaded guilty to reduced charges and limited his maximum possible time behind bars to 10 years.

Brandon Smith, 36, was indicted by an Allen County grand jury in June on two counts of first-degree felony rape for allegedly engaging “in sexual conduct with Jane Doe … by force or threat of force” on or about April 21 of this year. He has been held on $500,000 bond since that time and last month had waived his constitutional right to a speedy trial.

During a hearing Monday in Allen County Common Pleas Court, Smith accepted a deal from prosecutors that called for him to plead guilty to a Bill of Information charging him with two counts of sexual battery, third-degree felony charges, in exchange for the dismissal of the rape charges.

As part of the negotiated settlement, the state will make no recommendation on a sentence and did not object to Smith being released on an own-recognizance bond.

Judge David Cheney told the Sidney man that each count carries a maximum prison term of five years, but also said that Ohio law does not require mandatory prison time for the sexual battery charges.

Smith will be sentenced Sept. 26.

Brandon Smith, 36, of Sidney, pleaded guilty Monday to two counts of sexual battery, third-degree felonies, for allegedly engaging in sex with a female victim “by force or the threat of force,” according to the indictment against him. Smith was originally charged by an Allen County grand jury with two counts of first-degree felony rape.
https://www.limaohio.com/wp-content/uploads/sites/54/2018/08/web1_Brandon-Smith.jpgBrandon Smith, 36, of Sidney, pleaded guilty Monday to two counts of sexual battery, third-degree felonies, for allegedly engaging in sex with a female victim “by force or the threat of force,” according to the indictment against him. Smith was originally charged by an Allen County grand jury with two counts of first-degree felony rape.

By J Swygart

jswygart@limanews.com

Reach J Swygart at 567-242-0464.

Reach J Swygart at 567-242-0464.

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