Warsaw Man To Serve 10 Years In Prison After Luring Child Into Bathroom
By Liz Adkins
InkFreeNews
Daniel Kay Smith
WARSAW — A Warsaw man will serve 10 years in prison after luring a child into a bathroom at a Syracuse park.
Daniel Kay Smith, 54, Warsaw, was charged with criminal confinement, a level 5 felony; and a habitual offender enhancement. A child molesting charge was dismissed as part of a plea agreement.
Smith was sentenced in Kosciusko Superior Court One on Tuesday, July 30.
For criminal confinement, Kosciusko Superior Court One Judge Karin McGrath sentenced Smith to six years in the Indiana Department of Correction. Through the habitual offender enhancement, an additional six years were added to Smith’s sentence. Four years of the enhancement will be executed and two years were suspended on probation.
In total, Smith received a 12-year DOC sentence, with 10 years executed and two years suspended on probation.
Smith has 337 days of jail time credit. A no-contact order between Smith and the child involved in this incident remains in effect. As part of his rules of probation, Smith cannot be around anyone under the age of 18.
At sentencing, Deputy Prosecuting Attorney Joseph Sobek said the plea agreement was negotiated at arm’s length. It was also discussed with the child’s family, and Sobek said they were not opposed to it.
McGrath found Smith’s prior criminal history and the child’s age as aggravators.
“The community and this child are indebted to the citizen who intervened when they saw something awry,” said McGrath.
On Aug. 26, 2023, a Syracuse Police officer went to the Veteran’s Memorial Park regarding a report of a man luring a child into a bathroom.
According to court documents, a man said he was in a home near the park when he noticed Smith lure a young child into a bathroom. The man said he didn’t feel right about the situation and intervened. When the man knocked on the bathroom door to ask Smith and the child if they were okay, Smith opened the door and said he was family friends with the child. When the child didn’t speak up, the man called police and Smith attempted to flee on foot.
Smith has prior convictions for possession of methamphetamine, dealing meth, possession of two or more chemical reagents, burglary, and operating a vehicle as a habitual traffic violator.
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