By Liz Shepherd
InkFreeNews

WARSAW — The son of Kosciusko County Sheriff candidate Jim Smith will serve a one-year sentence on probation for criminal charges stemming from a July 2021 incident in North Webster.

Zachary M.L. Smith, 19, 1955 S. SR 13, Pierceton, was charged with maintaining a common nuisance, a level 6 felony; and battery, a class B misdemeanor.

Smith was sentenced in Kosciusko Superior Court Two on Monday, Sept. 19.

On Aug. 2, 2021, an Indiana State Police detective was contacted by the Marshall County Department of Child Services regarding potential sexual misconduct with a minor. The case was ultimately referred to Kosciusko County DCS, since the incident occurred in Kosciusko County on July 4, 2021.

According to court documents, the youth said they met with two friends to watch fireworks on July 4, 2021. Later that day, the youth went with friends to meet three men at an industrial shop in North Webster. One of the men was Smith.

The incident also turned sexual.

Witnesses said that Smith brought marijuana to the shop and provided it to the others, including the child. In an interview with DCS workers, the child “reported that much of the contact was consensual in nature, including the intercourse, and at no time was (the child) forced to do anything against (their) will.”

The other two men who were at the shop said Smith had told them each that he had engaged in sexual conduct with the child.

Online paperwork on this case first appeared on June 30, 2022, with the allegations being brought to InkFreeNews’ attention prior to the affidavit of probable cause being filed.

During court proceedings, Defense Attorney Anthony Churchward said he and Special Prosecutor D.J. Sigler had been in negotiations for a while to reach a fair resolution to the case.

Sigler said the child and their family did not want Smith to be incarcerated but wanted him held accountable for his actions. Sigler also read victim impact statements from the child and their mother.

In her statement to the court, the victim’s mother said she did not agree that the incident was consensual due to her child’s age at the time.

“This entire situation has affected our whole family emotionally, financially, and mentally,” the mother said in her statement.

The mother also said the child had withdrawn from public school due to stress and bullying connected to the incident.

“In the beginning, I didn’t want Zachary to get in trouble,” read the child’s statement. “But there was the fact that you (Zachary) kept telling me not to tell anyone. The age of consent in Indiana is 16. I was 14. I feel shocked, guilty … taken advantage of, especially with the drugs and alcohol involved. I want him to be held accountable.”

Smith apologized for his actions in court.

“I’m very sorry for what I did,” said Smith. “I wasn’t raised like this.”

For maintaining a common nuisance, Kosciusko Superior Court Two Judge Torrey Bauer sentenced Smith to one year in the Kosciusko County Jail. Smith also received a six-month KCJ sentence for battery. Both counts will run concurrently, or at the same time. The entirety of Smith’s sentence was suspended on probation.

In total, Smith will serve one year on probation and must comply with all probationary rules, including no contact with the victim in this case. He must also pay $845.87 in restitution to the victim and their family for counseling costs.

Upon successful completion of probation, Smith may petition the court for misdemeanor treatment.

Rumors of an incident involving Zachary Smith surfaced during the 2022 Republican primary, in which Jim Smith challenged and defeated incumbent Republican Kyle Dukes. Court paperwork on the North Webster incident was filed after the primary.

Smith faces Independent candidate James Marshall in the Nov. 3 general election for Kosciusko County sheriff.