City man likely to serve 5 years after plea agreement in sex case

Posted: October 13, 2012

The Winchester Star

Dynell A. Smith

WINCHESTER — A city man charged with two felony sex crimes will serve five years in prison.

Dynell A. Smith, 39, of the 500 block of Gray Avenue pleaded no contest to a lesser felony as part of a plea agreement Friday in Winchester Circuit Court.

He pleaded no contest to one felony count of aggravated sexual battery. He was originally charged with one count each of rape by force and sexual penetration by an animate object, according to court documents.

The incident occurred May 13, 2011, when Smith was at the 16-year-old victim’s residence with her family. She went to a bedroom to sleep and woke up to find Smith touching her inappropriately, according to the prosecution.

During an investigation into the case, DNA evidence found on the victim matched Smith’s DNA, according to the prosecution.

David Hensley, Smith’s defense attorney, said after the court appearance that the plea agreement was made because of the possibility that Smith could have received the maximum sentence for the original charges — five years to life — if the case had gone to a jury trial.

Jason Caccamo, an assistant commonwealth’s attorney for Winchester, handled the prosecution. Prosecutors agreed to the plea because of the chance that a jury may have acquitted Smith and because the victim wanted him to serve at least some time in prison, Caccamo said.

The maximum sentence for aggravated sexual battery is 20 years. According to the plea agreement, Smith will have 15 years of a 20-year sentence suspended. He will also be under supervised probation for seven years after his release and must register as a sex offender for the rest of his life.

Under the suspended sentence, if Smith violates his parole or is charged with a crime after being released from prison, he could serve the 15 years suspended by the plea agreement.

Formal sentencing was delayed until January so the victim can attend the hearing.

Smith remains in the Northwestern Regional Adult Detention Center.

Judge John E. Wetsel Jr. presided over Friday’s hearing.

— Contact Matt Armstrong atmarmstrong@winchesterstar.com