Local man faces felony lewd conduct with a minor charge, prior case for similar charges dismissed

CHUBBUCK — A local man faces a new felony charge after a victim reported an alleged sexual assault in 2020 when she was between the ages of 13 and 15 years old.

Weston Tyler Smith, 35, has been charged with one felony count of lewd conduct with a minor under sixteen. If he is found guilty, he could face up to life in prison and/or a $50,000 fine.

Smith had originally been charged with four felony counts of lewd conduct in a separate case, but those charges were dismissed. It’s unclear why the charges were dismissed, and Bannock County Assistant Chief Criminal Deputy Prosecutor Alan Boehme did not return calls about the case. The victims in each case are different individuals.

According to court documents, in March 2020, the Idaho Department of Child and Family Services notified the Pocatello Police Department after the victim told a third party that she had been allegedly sexually assaulted by Smith and that a family member was aware of it.

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Officers arrived at the residence, found a family member of Smith outside, and spoke with her. The officers informed the family member about the allegations, and she was told that she did not suspect anything inappropriate was happening between the victim and Smith.

The document states officers asked to speak with the victim but were informed that she lives in Lava Hot Springs with another family member.

Smith came to the door, and officers spoke with him about the allegations. An officer reported that Smith had asked him a question about how to clear his name.

A forensic interview was conducted where the victim told the interviewer that she had spoken to a friend and a seminary teacher about issues that had occurred at home.

The teacher suggested she speak with a bishop from The Church of Jesus Christ of Latter-day Saints, and the victim did. The victim said that she spoke with the bishop, and he had asked if any sexual abuse had occurred. She initially said no, but later told him that Smith had sexually assaulted her. The victim said the bishop had made a report to the Idaho Department of Health and Welfare’s Children and Family Services.

She said it happened a few years ago, but did not remember specific dates or times; however, she did recall that it had occurred multiple times over the span of several years.

The document states the victim reported that Smith had appeared naked in front of her, had groped her and touched her inappropriately.

The victim told the interviewer that Smith had told her not to worry and that a family member of his did this to teach him about girls and to do this demonstration.

A follow-up interview was held in December, where the victim spoke about another incident involving Smith sexually assaulting her.

Smith is scheduled to appear for a preliminary hearing at 1:45 p.m. on Sept. 17, before Magistrate Judge Aaron Thompson.

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