York County man already jailed for assaulting children receives additional prison time
YORK — A former York County Sunday school teacher already in prison for child molestation received an additional 6- to 12-year sentence for sexually assaulting two more children, according to a York Dispatch report.
Donald W. Smith, 59, pleaded guilty to felony charges statutory sexual assault and solicitation to commit involuntary deviate sexual intercourse on a child less than 13 years of age and a misdemeanor count of indecent assault on a child less than 13.
As part of his plea agreement, Smith was supposed to be sentenced to an additional 5-10 years in state prison for one victim, with a concurrent 1- to 2-year sentence for the second victim.
But Common Pleas Judge Maria Musti Cook indicated her intention to run the sentences consecutively, for a total of six to 12 years in prison after hearing one victim speak in court and reading an impact statement written by the other victim.
The judge gave Smith a chance to withdraw his pleas and go to trial, but he chose not to.
Smith then received his additional sentence, with credit for the 187 days he was held on the new charges.
He was also ordered to have no contact with the two victims.
The new charges stemmed from an investigation started by York Area Regional Police after a woman contacted them in July and said Smith had sex with her twice in the summer of 1996, when she was a teen-ager.
She allegedly told Smith she didn’t want to do it again after the initial encounter. But Smith later went to her home again when she was alone and had sex with her again.
He also indecently assaulted her while they were in a pool, the woman told police.
Two months later, police say, a man contacted them and accused Smith of molesting him between 1998 and 2000, when he was a juvenile. The victim said Smith fondled him and made the boy fondle him back. The victim said he refused Smith’s requests to give and receive oral sex.
The new charges were filed against Smith on July 26, 2017.