A 58-year-old Lawton man was bound over for trial for allegations he molested a then-13-year-old autistic boy.
Following his preliminary hearing Wednesday, Comanche County Special District Judge Susan Zwaan found enough probable cause to bind Dwaine Jae Smith over for trial for felony counts of lewd acts to a child under 16, rape by instrumentation, endangering others while eluding police and an intersection violation, records indicate. The lewd acts child charge is punishable by between three to 25 years behind bars.
The investigation began in May 2023 when the boy’s mother spoke to Geronimo police about an incident that happened at her home. She said her son is autistic and was at an 8-year-old level at that time, the warrant affidavit states.
The mother said Smith had been drinking and that she caught him kissing and licking the boy’s face repeatedly. She said when she tried to get Smith to stop, he threw her to the ground and got on top of her and threatened to rape her, the affidavit states. After sending the boy to his grandmother’s house, she claimed Smith put his hand down her pants and fondled her before she could get him away.
When the boy returned, Smith left. That’s when the boy told her Smith had pulled his pants down and rubbed his genitals, according to the affidavit.
After initially being held on $75,000 bond following his initial court appearance June 26, 2023, Smith was freed Aug. 7, 2023, on a reduced bond of $35,000. His bondsman had him recommitted on Sept. 23, 2024.
Smith returns to court at 9 a.m. April 7 before District Judge Jay Walker for his formal arraignment.
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