A Bowbells man has been sentenced to serve 35 years in prison despite his requests at the hearing for a retrial and new representation.

Joshua James Smith, 36, Williston, had been found guilty of two counts of gross sexual imposition, a Class A felony, six counts of aggravated assault, and one count of felonious restraint, all Class C felonies. The dispositions were issued for the two cases, both arising from an incident in which a woman accused Smith of assaulting her and holding her against her will at a home he was renting in Bowbells in July of 2022.

According to court documents, the victim told investigators she had been visiting Smith when he tied her up with duct tape and zip-ties. The victim said she was choked repeatedly, rendering her unconscious multiple times during the ordeal. The victim was able to untie herself the next morning and escaped by stealing a vehicle belonging to Smith’s landlord that was left on the property. She reported the incident to law enforcement after being pulled over in Williams County. Smith admitted to authorities that he had choked the victim and sexually assaulted her when she was unconscious.

Smith made his requests to North Central District Judge Richard Hagar, saying court-appointed attorney Rina Morales-Holmes had dissuaded him from taking a plea agreement offered by the state in favor of taking the case to trial in August. A two-day jury trial for Smith was held but ultimately waived from proceeding to a verdict after Smith entered a guilty plea.

Prosecutor Amber Fiesel objected against the lateness of Smith’s request, noting the sentence had already been continued once to ensure Smith had received the statutory required time to review the presentence investigation. Hagar ruled that Morales-Holmes would continue to serve as Smith’s representative for the duration of the hearing, telling Smith that he will be free to ask for a retrial and file an application for new court-appointed counsel after his sentencing.

Morales-Holmes shared recommendations she had discussed with Smith before the hearing, at which he requested that Hagar sentence him on Biblical Levitical Law from the Book of Exodus or to 20 years of military service. Smith provided a tearful statement on his own behalf, telling the court he was sorry for his actions and the trauma caused to the victim.

The victim provided a statement to the court that called Smith’s actions “heinous.”

Fiesel asked Hagar for a sentence of 45 years in the Department of Corrections and rehabilitation with 10 years suspended for the Class AA felony, a full 20 years for the Class A felony, and five years for the seven Class C felony charges.

Hagar followed the state’s recommendation and handed down a concurrent sentence, leaving Smith with credit for 593 days already served. Hagar sentenced Smith to lifetime supervised probation upon release and ruled that he complete sex offender treatment while incarcerated and register as a sex offender for as long as the statute allows.

“I can’t do to you what should be done to you,” Hagar said. “You described the situation as an ‘accidental opportunity.’ The words ‘heinous,’ as used by the victim, and ‘brutality’ as used by Miss Fiesel, don’t even do this justice. You are a sick man, and you have issues in your head. If and when you are done serving this time, you will be an older man, and I’m thankful for that. Because I believe you are a danger.”

Hagar assessed administrative court fees and payments of $1,050 for both cases, and $12,517.48 in restitution to be paid to the victim.