Judge throws out rape charges against former Washington & Lee High softball coach

Date published: 4/20/2007

BY FRANK DELANO

A Northern Neck judge yesterday dropped all charges against a former Washington & Lee High School softball coach accused of raping a 14-year-old girl.

State police last month charged 20-year-old Melvin Antonio Smith III with rape, sodomy, sexual penetration and taking indecent liberties with a child under 15.

At a preliminary hearing in Warsaw, Richmond County Juvenile and Domestic Relations Judge J. Maston Davis found no evidence that rape, sodomy or penetration happened.

"I don't feel that there's been probable cause shown that forcible rape and sodomy occurred between this young man and this young woman. I don't see force, threat or intimidation even at this level," Davis said.

Davis also dropped the indecent-liberties charge because a state police warrant erroneously stated that the alleged offense occurred in Richmond County when it may actually have resulted from an incident in Westmoreland County.

"God showed up here today," Smith said after yesterday's hearing. "I want to thank all the people who supported me and my awesome lawyers."

One of them, Vinceretta Taylor Chiles of Richmond, said the indecent-liberties charge involved verbal remarks. She said it remains to be seen whether the charge will be resurrected in Westmoreland.

Chiles also said that, despite yesterday's ruling, Richmond County Commonwealth's Attorney Wayne L. Emery could seek direct grand-jury indictments against Smith. Emery declined comment.

W&L selected Smith in February to coach its junior-varsity girls softball team at the high school in Montross. He was charged March 8 and freed from jail on a $50,000 bond.

The 14-year-old girl testified yesterday that she and Smith had sex at a home in Richmond County March 1.

"She has a great deal of difficulty describing what happened," Emery said at the beginning of yesterday's hearing.

The truth of that remark was painfully borne out as the young witness struggled through more than three hours of testimony marked by long pauses between attorney questions and her often barely audible answers.

Struggling to maintain her composure on the stand, the young woman bit her lip and the sleeve of her sweater and cast frequent glances at her parents sitting in the front row of the courtroom.

She failed to respond at all to many questions that sought details of her encounter with Smith.

The three major charges against Smith each carry prison terms from five years to life. The indecent-liberties charge could result in a one-to-10-year term.

Two dozen of Smith's relatives and friends attended yesterday's hearing. When it was over, they hugged Smith and shouted joyfully.

Smith, who lives in the Essex County community of Dunnsville and holds an associate's degree, said he now hopes to attend a four-year college and play basketball.

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Date published: 4/20/2007