DATE:March 13, 2018

CASE: Dustin Todd Smith (Case #17FE016300)

PROSECUTOR: Deputy District Attorney Bret Wasley, Adult Sexual Assault Prosecution Unit

Dustin Todd Smith was convicted by a jury of forcible rape and forcible oral copulation.  The jury found true allegations the victim was 65 years of age or older and the offense was committed during the commission of a burglary on both charges.  Smith was also convicted of assault with intent to commit mayhem, rape, sodomy, oral copulation.

The victim is a widow who was living alone.  Smith was 31 years old and lived around the corner from the victim.  The morning of the victim’s 79th birthday, Smith broke into her house and entered her bedroom while she was asleep.  When he pulled the sheets off of the victim, she woke up and screamed.  She struggled with Smith, but he overpowered her and proceeded to sexually assault her.  The victim suffered injuries from the attack.  Video surveillance and DNA evidence linked Smith to the assault.  He later stated he had been watching the victim for at least 10 years.

Smith faces a maximum sentence of 59 years to life in prison.  Sentencing is set for April 6, 2018, at 11:00 am in Department 41 before the Honorable Helena Gweon.

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