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Sexual assault charge dropped against Martial Arts instructor


web posted December 11, 2007
EDGEFIELD – The sexual assault with intent to commit criminal sexual conduct in the first degree charge against Nikki Ray Smith, who was arrested in July, were dismissed on Monday due to an “uncooperative victim” Sheriff’s Chief Investigator Randy Doran said. The victim in the case, a teenage girl, later left the area to live with her mother in Alaska and attempts to have her return for trial were unsuccessful. “We had a good case,” Doran said, but without the victim returning the Solicitor’s Office had no choice but to drop the charge.

Nikki Smith, and his wife Jessylyn Smith, operate the Eye of the Dragon Martial Arts Academy along with the Edgefield Academy of Dance at 1556 Edgefield Road, where the alleged crime was said to have taken place.

After the report of Mr. Smith’s arrest family members came to Mr. Smith’s defense saying he was not guilty. Mrs. Smith contacted EdgefieldDaily.com at the time and other family members called popular WGAC 580AM talk-show host Austin Rhodes (audio available).   

EdgefieldDaily.com also featured a story on Mr. Smith’s background and those challenging his claims of his martial art credentials. 

Upon the charges being dropped EdgefieldDaily.com was contacted by Mr. and Mrs. Smith demanding all stories of Mr. Smith’s arrest or follow-up reports be removed from our Archives. The email, titled "GRAND JURY DROPS CASE!!!!!!!", was misleading in that the case was never presented to the Grand Jury.

Sheriff’s Chief Investigator Doran said they were ready to move forward with the case until they were stifled when the victim became “uncooperative” and would not return to Edgefield for the trial.

The unidentified victim was detained in Denver, Colorado, when it was learned she was being taken to Alaska later in the year, and was allowed to continue on her trip in spite of the local parent with alleged custody requesting her return. 

According to information obtained by EdgefieldDaily.com the victim was not allowed to return for the criminal case due to a custody dispute between the mother and father.

“Without the victim we didn’t have a case,” Inv. Doran said.

Under South Carolina law the charge could be reintroduced if the victim was to return to the area.
 




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