Rape suspect held without bond

A Tulsa man is jailed without bond in Muskogee after being charged with four counts of rape. 

Leroy Jemol Smith, 51, is being held in the Muskogee County/City Detention Facility. 

Smith was charged Friday in Muskogee County District Court. 

He is accused of raping the women in Muskogee between 1993 and 1995. 

Smith was arrested Jan. 21, in Denton, Texas, by U.S. marshals near the University of North Texas, and was booked into the Denton County Jail while awaiting extradition to Muskogee, according to the Denton Record-Chronicle.

Smith had been previously charged in Muskogee County District Court with five counts of first-degree rape by force or fear. But, after a decision was rendered in the case of Jimcy McGirt by the U.S. Supreme Court, Smith's case was dismissed in August in Muskogee County and forwarded to the United States District Court for the Eastern District of Oklahoma for prosecution.

The U.S. Supreme Court overturned McGirt's convictions after determining the boundaries of the Muscogee (Creek) Nation reservation still exist for purposes of federal criminal law.

U.S. District Judge Ronald White dismissed the criminal case against Smith, based on the expiration of the statute of limitations in federal court.

Loge refiled the case in Muskogee County District Court.

Muskogee County District Attorney Orvil Loge’s new filing is based on the fact that the incidents occurred before Smith was a member of a federally recognized tribe; therefore he isn’t covered by the McGirt Supreme Court ruling.

"Loge reported a suspect DNA profile had been obtained in some of the cases, but the suspect had never been identified," states court documents filed with the case.

Smith was identified as the suspect after DNA showed four females had been raped by the same man — Smith, records state. The fifth woman was Native American, and the statute of limitations applied to her case in federal court. It could not be refiled in Muskogee County District Court, Loge said.

"A review of law enforcement records and resources reported Smith to have been residing in Muskogee between 1990 and 1995," court documents state. "Smith's physical description between 1993 and 1995 was believed to be consistent with the suspect description provided in the sexual assaults."

Smith will be back in court at 10 a.m. Feb. 16.

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