A homeless man was recently arrested in Kosciusko County after allegedly luring a juvenile into a park bathroom.
Daniel Kay Smith, 54, was arrested on charges of child molesting, a level 4 felony, and criminal confinement, a level 5 felony. He was booked into the Kosciusko County Jail with a $15,250 preliminary bond.
The probable cause affidavit revealed that on Saturday the Syracuse Police Department was dispatched on a report of a man luring a juvenile into a park bathroom. Prior to officers arriving Smith fled on foot, but was chased by a civillian and began running down the alley behind the Syracuse Police Department. Smith soon jumped into a nearby channel and was soon spotted by officers, floating on his back with his arms spread out to his sides. A nearby boat soon assisted in getting to Smith.
Once Smith was detained he denied allegations and claimed to have been sun stroked.
Turkey Creek Fire and EMS attempted to tend to Smith, but he stood up and attempted to walk away. According to the report, Smith claimed that he didn’t do anything and he wanted to rest. He also said he was a disabled veteran. Later, Smith said he was off his medications and referred to himself as Agent Smith of the CIA.
According to court documents, a witness who was near the park at the time of the assault told officers they saw Smith luring a 7-year-old child into the men's bathroom by cracking the door open and motioning for the juvenile to come to him. The witness said that as soon as he saw the door shut he ran over to the park and intervened, but found the bathroom door at the park to be locked.
After the witness began knocking, Smith soon opened the door and claimed that he and the child were family friends. The juvenile remained silent. It wasn't until the witness called police that Smith fled from the scene.
The juvenile was later interviewed by police and the Safe Harbor Child Advocacy Center, who helped with a forensic interview. According to reports, the juvenile claimed that after Smith lured them to the bathroom, Smith had grabbed and kissed him on the cheek. When someone began knocking on the door, Smith opened the door and was then chased through the park. It was also discovered Smith is not related to the juvenile.
According to court documents, this was not Smith's first time being arrested. Smith's prior convictions included possession of methamphetamine, a level 6 felony, in Kosciusko Circuit Court on Nov. 8, 2021; dealing in methamphetamine, a level 5 felony, in Kosciusko Circuit Court on April 16, 2018; possession of two or more chemical reagents or precursors, a class D felony, in Kosciusko Circuit Court, on Jan. 13, 2011; burglary, a class C felony, in Kosciusko Circuit Court on July 1, 1999, and Aug. 28, 1998; operating a vehicle as a habitual traffic violator, a class D felony, in Kosciusko Superior Court III, on Aug. 6, 1998; and possession of chemical reagents or precursors, a class C felony, in Elkhart Superior Court III, on Aug. 17, 2006.
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