The state has dismissed a Class A misdemeanor public fornication charge against Joy Emily Smith, 21, who was accused of having sex with a man in a gas station bathroom in Minot on Aug. 5, 2019.

The state had previously dismissed a Class C felony possession of drug paraphernalia charge against Smith.

Smith pleaded guilty on Wednesday to Class C felony possession of heroin, a second offense, in district court in Minot. Court records show that she was sentenced to 265 days in jail, concurrent with sentences in other cases, and given credit for 161 days already served and 23 days off for good behavior. She was also ordered to obtain a chemical dependency evaluation and to pay $125 in court costs. If she successfully completes court requirements, the charge will be reduced to a Class A misdemeanor on her record.

Her co-defendant in the public fornication case, Desean Franklin Bell, 47, pleaded guilty last August to the Class A misdemeanor public fornication charge and was fined $500 and sentenced to time served of one day in the Ward County Jail.

According to the probable cause affidavits filed with the court by Officers Memorie Andrade and Aaron Bowles, the store clerk called police and reported that a man and a woman had been in the women’s restroom at the gas station, located at 1809 South Broadway, for 45 minutes and had locked the door. The clerk knocked on the door and Smith replied that she was using the restroom. The clerk wanted police to remove them from the bathroom and staff also believed that there might be drug activity going on. Andrade wrote that she felt a “banging vibration” coming from the floorboard outside the bathroom. Bowles used a coin to open the bathroom door and found Bell and Smith on the floor of the bathroom, having sex. Police detained the pair. A search of Smith’s purse turned up a folded piece of aluminum foil with scorch marks, a portion of a drinking straw with a partially melted tip and suspected drug residue, and heroin concealed within another small, aluminum foil square, according to the police affidavit.