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East Naples man gets 30 years for sex with teen, drugs
Zachary Obannon Smith, a five-time prior felon, was sentenced after an underage teen testified he forced her to package cocaine and have sex with him
Zachary Obannon Smith
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NAPLES — Still proclaiming his innocence, a 36-year-old East Naples man was sentenced Thursday to 30 years in a state prison for having sex with an underage girl and forcing her to package cocaine he was trafficking.
Collier Circuit Judge Fred Hardt imposed three concurrent sentences on Zachary Obannon Smith, a five-time prior felon, after the 15-year-old girl’s mother spoke following a brief trial and jury verdict. She told the judge her once outgoing, trusting child, who was once “full of life,” has become withdrawn and doesn’t hang out with friends.
“She’s not the same person since before this happened,” said the Collier County School District employee, whose name is being withheld to protect the identity of her daughter, now a junior in high school.
She questioned whether she could have done more the night her daughter ran out of their East Naples apartment after they argued on April 27, 2007. Should she have searched harder or given her a cell phone? But she ultimately blamed Smith.
“You’re old enough to be her dad,” she angrily told him, choking back tears. “You’re older than I am and that’s what disgusts me most. ... She was only a child. She was 15 years old, young enough to be your daughter.”
As a Christian, she said she forgave him. As she walked back to her daughter, who wiped tears as she sat with Meghan O’Brien, a court liaison for Child Advocacy Center of Collier County, Smith turned to her and blurted: “For what it’s worth, I never touched your daughter.”
Assistant State Attorney Steve Maresca told the judge to consider that a lack of remorse.
Maresca asked for the maximum 15-year terms for lewd or lascivious battery and cocaine trafficking, both second-degree felonies, in addition to time served for possessing marijuana. He pointed to Smith’s record of five felony convictions and at least 16 misdemeanors, a life of crime and drugs that began at age 17 when he pointed a gun at a deputy and was sent to prison after being prosecuted as an adult.
Court-appointed defense attorney Robert Hagaman said he couldn’t argue against Smith’s record, calling it an “unfortunate background.”
Hardt then imposed the sentences Maresca asked for, making them all consecutive. He sentenced Smith to the 365 days he already served in the county jail on the misdemeanor marijuana charge, and gave him credit for 17 more days he served as part of the 15-year term on the sex charge, which requires him to register as a sex offender. Smith was released on his own recognizance in May when a witness couldn’t be located.
As part of the 15-year trafficking term, Hardt told Smith he must serve the minimum mandatory 5 years day-for-day and fined him the mandatory $50,000. The crime occurred about a year after his release from state prison.
Smith was sentenced after a roughly three-hour trial involving six state witnesses: the girl and her mother, crime scene and drug analysts, and Investigator William Lang and Sgt. Scott Walters, both from the Collier County Sheriff’s Office. With a lengthy record, Smith took Hagaman’s advice not to take the stand and Hagaman built his case by cross-examining some state witnesses.
The girl described running out of her apartment after a fight with her mother and running into Smith, who let her use his cell phone within minutes of meeting her. She said she came to his apartment later that night to use his bathroom, but said he gave her orange juice that made her “feel woozy,” they smoked some marijuana and he asked her to separate and package cocaine into 50 small bags. Throughout the night, she said, people came and went, buying cocaine.
She said he used a condom and forced her to have sex, although she said no.
Her mother testified she reported her daughter missing, but was told to call the next morning if she hadn’t returned. For about an hour that morning, she received a series of calls, but no one spoke. “I kept saying (daughter’s name), if that’s you, please come home,” the woman testified.
When a deputy arrived, the mother said, he listened to the call, then called the number and left a message to call them back. Then, the mother testified, she received a text message: “Stop calling this number back. Your daughter’s with me. Leave her alone.”
Soon after, Lang testified the teen was seen walking out of an area near Smith’s apartment. She said he had cocaine under his mattress. As deputies were about to knock on his door, he came out and agreed to let them search. Reports say they found 32 small bags of cocaine under his mattress and a marijuana blunt in his pocket.
Sgt. Walters testified Smith gave a videotaped statement, admitting he met the teen that night, they exchanged numbers, and she returned about 3 a.m. and they slept, but didn’t have sex. He said he offered to let her shower, but she declined. He said she told him she was 18, but he was suspicious. He admitted hugging her on the couch as they watched TV and had considered having sex with her, but didn’t.
Jurors deliberated a half-hour before returning their guilty verdict. As Clerk Theresa Miller read the verdict, the teen cried, dabbing away tears as her mother hugged her. Smith turned around and glared.
After sentencing, Hagaman declined comment, while Maresca said he was satisfied with the verdict and added: “We’re very happy with the bravery of the mother and daughter who testified and the work of the Sheriff’s Office and the (Florida Department of Law Enforcement.)”
Comments
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15 will get you 30? Ouch!
Now the only action he is going to get in prison is on the receiving end of a convict named Bubba.
#1 Posted by Jadip811 on August 21, 2008 at 11:35 p.m. (Suggest removal)
**QUOTE**
Still proclaiming his innocence
Smith’s record of five felony convictions and at least 16 misdemeanors, a life of crime and drugs that began at age 17 when he pointed a gun at a deputy
Smith turned to her and blurted: “For what it’s worth, I never touched your daughter.”
**END**
So, even if that's true, he got what he deserved.
#2 Posted by TiredoftheBS on August 22, 2008 at 12:35 a.m. (Suggest removal)
This is great news. A criminal out of the streets for a very long time.
The bad news is: With the supervision this girl is getting at home she will be going out with some other drug dealer very soon
#3 Posted by ricky369 on August 22, 2008 at 2:20 a.m. (Suggest removal)
#3 Maybe Mommy can buy her a chastity belt complete with a pick-proof Master lock. LOL
Reminds of that old Woody Allen flick when he is trying to get around a beautiful girls chastity belt and gets his fingers caught in it.
Really sounds like Mommy is going to be a GrandMommy unless she puts her little girl on birth control... LOL
#4 Posted by Jadip811 on August 22, 2008 at 3:32 a.m. (Suggest removal)
"...Her mother testified she reported her daughter missing, but was told to call the next morning if she hadn’t returned..."
Wow, what a mistake that was by the police. Any missing juvenile must be entered into NCIC right away, at least anywhere outside of Mayberry.
#5 Posted by mattmaki on August 22, 2008 at 3:40 a.m. (Suggest removal)
"As a Christian, she said she forgave him."
"Smith turned to her and blurted: “For what it’s worth, I never touched your daughter.”"
Okay, this young man is no boy scout.
But it sounds to me he could be largely innocent of these charges.
This horrendous sentence is way out of line, you must agree, and should be reduced to mabe a couple years.
How else can we expect to rehabilitate this young man to return him to our community?
#6 Posted by R_Popoff on August 22, 2008 at 3:52 a.m. (Suggest removal)
#6 & #7
5 felonies, 16 misdemeanors, 32 bags of cocaine...
Of course he is a credible witness and you think we should accept his denial of guilt at face value?
#7 Posted by naplesconservative on August 22, 2008 at 5:23 a.m. (Suggest removal)
30 yrs. for no forensic evidence is an outrage. The sheriff's department sounds like they let this be a he said, she said case. I'm sure this guy is not the the kind of neighbor you'd like to have, however we have a constitution which should be upheld at all cost.
#8 Posted by snooker on August 22, 2008 at 7:03 a.m. (Suggest removal)
LavendaLou...I'm sure this is more than a case of "bad luck" and "nefarious testimony." I actually don't think it's the police and prosecutors that are out of control...it's the criminal's that are out of control. It's the job of the police and prosecutors to keep them in check so you and I can sleep better at night. This guy put himself in this position - no one else. I think his past shows the path in life he has chosen to take. With that path comes the risk of maybe going to jail or prison. Maybe he'll find God in prison and will change his ways...
#9 Posted by Analytical_Skeptic on August 22, 2008 at 7:47 a.m. (Suggest removal)
The girl said he used a condom, where is it? They could find all of that other drug evidence, but not the one that would have been key to proving the rape case, why?
The precedent seems to be set to convict all drug dealers with rape too. We might as well cite all speeders with failure to properly signal for a turn too. I am much more confident that all speeders have failed to signal for turns than that all drug dealers are rapists.
#10 Posted by POC on August 22, 2008 at 8:13 a.m. (Suggest removal)
Whatever happen to the 3 strikes law. Does it have to be 3 felonies in a row or is that law still around?
#11 Posted by nplsforyrs on August 22, 2008 at 10:10 a.m. (Suggest removal)
He's been out of jail since May? It does take a brave person to go through the court system as victim and part of the prosecution against an apparent violent intimidator, facing 30 yrs. What in the world could be her motive to lie? The victim was there and the accusations were also immediate about the cocaine. It only took 30 mins and based on this article I'd have to say that the coke dealer is a rapist and got what he deserved.
#12 Posted by wes on August 22, 2008 at 1:42 p.m. (Suggest removal)
Forget about sex with the girl. HE probably wasn't the first and definetly will not be the last. We are talking about drug dealing and a career criminal here. Throw away the key. The girl will find another criminal to have sex with.
#13 Posted by ricky369 on August 22, 2008 at 1:50 p.m. (Suggest removal)
#6 Posted by R_Popoff
**QUOTE**
How else can we expect to rehabilitate this young man to return him to our community?
**END**
Read his rap sheet, he cannot be rehabilitated. Let him rot in prison.
#14 Posted by TiredoftheBS on August 22, 2008 at 2:51 p.m. (Suggest removal)
#17 Posted by LavendaLou
**QUOTE**
The fact that this young man had previous run-ins with the law
**END**
Is why KARMA finally said, "That's enough".
I don't care if it was not a complete open and shut case.
He is in the better of his two choices where he truly belongs.
#15 Posted by TiredoftheBS on August 22, 2008 at 2:55 p.m. (Suggest removal)
As a friend of the family who know the facts in this case, I find it upsetting that people can blame the victim and her mother for what took place. This 38 year old man took advantage of a 15 year old girl, how anyone can look past that is sbeyond me. Yes the young lady did make some bad decisions that night, but then again haven't we all at some point or another and many of us continue to do so as adults. This young lady comes from a close knit family who support and love her tremendously. I find it brave that they pressed charges and followed through. I APPLAUD them for that! Zachary Smith got exactly what he deserved, in fact he was offered a plea deal to serve 7-8 years and refused to accept it even after his own attorney advised him to accept it. To put this family through a trial was vendictive. He's lucky the mother is a christian and had the heart to forgive him, how many of us could've done the same thing had it been your son or daughter. To the family may God continue to bless and keep you. You're in my thoughts and prayers.
Ps,Keep your head up you did nothing wrong!!!
#16 Posted by mzjazzy239 on August 22, 2008 at 3:06 p.m. (Suggest removal)
To the young lady who became a victum in this case,
If your mother is a good parent, she loves you.
Next time you argue with her, hopefully, you will think twice before you go running off in the streets. At the age of fifteen you should know better than that. You have learned a costly lesson about life with this whole ordeal.
This make me wonder...
"As Clerk Theresa Miller read the verdict, the teen cried, dabbing away tears as her mother hugged her."
I just want to say, from this article, it seems that Zachary Smith is a bad person. Even if everything you testified in court is a lie, he will still be a horrible person.
At the same time, I know how it is to get caught-up in a situation and then try to play the victim to save face.
I pray to God this is not the case in this situation, because if so, the punishment does not fit the crime...and may God have mercy on your souls.
#17 Posted by NOT2MINCHIN on August 22, 2008 at 4:24 p.m. (Suggest removal)
It pays to get a good attorney!
#18 Posted by upnorth on August 22, 2008 at 6:34 p.m. (Suggest removal)
Seems that LavendaLou is in the business of posting provocative statements to entice others into responding to the outrageous statements. Bored Lavenda?
Since none of us were in the courtroom to hear the testimony or see the evidence, speculating whether there was a miscarriage of justice is pretty lame.
His record is pretty telling. Hope you all get to serve on a jury for a criminal trial and never are a victim of crime.
#19 Posted by BlueTonguedVole on August 22, 2008 at 8:07 p.m. (Suggest removal)
(This comment was removed by the site staff.)
#20 Posted by daone13476 on August 22, 2008 at 8:26 p.m.
a life of crime and drugs that began at age 17 when he pointed a gun at a deputy and was sent to prison after being prosecuted as an adult.
If the Deputy had any "cajones" he would have shot & killed this pinhead when the gun was pointed at him end discussion....
as far as: "The fact that this young man had previous run-ins with the law is not relevant in any present circumstance.
There is no physical evidence in this sorry case.
The woman and daughter clearly perjured themselves.
Since he is labeled as a "drug dealer," maybe the coke was this time also conveniently planted by the cops to gild this lily."
were you on jury? did you see the evidence? my guess is NO....oh, the cops knew they were going into that house, so they pulled out their trusty 32 packets of cocaine, and conveniently placed it in the dirtbag's house....because they were deperate to make a case....get a clue
#21 Posted by yourmama on August 22, 2008 at 8:39 p.m. (Suggest removal)
lavendalou used to be the dirty drunk guy you'd see outside the store that would make crude comments to passerby’s. Now he spends his time at the library computer.
#22 Posted by GeeRide on August 22, 2008 at 8:47 p.m. (Suggest removal)
yourmama, so you are... His mama? Or, you were in the courtroom, listened to the testimony and reviewed the evidence? Really? How do you know that the victim and her mother "clearly perjured" themselves? Did you administer a polygraph?
As I said, since none of us were in the courtroom (that is unless you were, in fact really there ) speculating isn't apropos.
The jury must consider the facts as presented and weigh them with evidence to find that the State has proved its case beyond a reasonable doubt. Serving on a jury is a humbling experience. I know of none on which I have served who presumed guilt based on what you infer. It takes a preponderance of evidence and testimony to find someone guilty of a crime.
#23 Posted by BlueTonguedVole on August 22, 2008 at 10:02 p.m. (Suggest removal)
Blue, You got that right.
Very perceptive.
People need to stop playing stupid.
#24 Posted by indigodragonfly on August 22, 2008 at 10:10 p.m. (Suggest removal)
Isn't that what parents are for? So 36 (not 38) year old men CAN'T take advantage of 15 year old daughters?
Granted we all make bad decisions. But a little guidance goes a long way.
He will get his day in court as we all would and then he will be judged by a jury of his peers or an actual judge.
#25 Posted by Jadip811 on August 23, 2008 at 7:31 a.m. (Suggest removal)
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