State dismisses rape, conspiracy to kidnap, charges against Timothy Smith, Minot
North Central District Court Judge Richard Hagar signed an order of dismissal of a Class AA felony gross sexual imposition charge, a Class A felony conspiracy to commit kidnapping charge, a Class B felony delivery of heroin charge, and a Class C felony aggravated assault charge on Oct. 5 against Timothy Chrishaod Smith, 36, of Minot.
In a motion to dismiss the charges, Ward County Assistant State’s Attorney Christopher Nelson said: “The State has been unable to locate the victim since the date of defendant’s arrest despite persistent efforts. The State cannot proceed in this matter without cooperation from the victim.”
At a past hearing, a defense attorney for Smith had also pointed out several inconsistencies in the alleged victim’s story.
According to court documents, the woman had claimed that she had been kidnapped at some point and at some point was taken to a downtown Minot apartment where Smith was waiting. She claimed that Smith had tried to get her to take heroin but she did not want to use the heroin because she had recently overdosed and had to be revived with Narcan. The woman claimed she fell asleep, woke up to find Smith raping her, and then fell back asleep and woke up to find Smith physically assaulting her.
The charges were filed against Smith on Sept. 4.