A 38-year-old Enid man was charged this week with a felony count of lewd or indecent acts to a child under 12.
Michal Whyne Smith is accused of “touching and/or feeling” a 6-year-old girl sometime between Feb. 1 and March 3, according to the charge. He faces a possible punishment of no less than 25 years in prison.
Smith appeared for arraignment on the charge Thursday before Special District Judge Brian Lovell, online court records show. He was ordered to return to court April 20, for a bond appearance. He is free on $15,000 bond.
According to an affidavit filed in the case, Enid Police Department Detective Kevin Everley was contacted March 3 by Department of Human Services in reference to a 6-year-old girl telling her counselor Smith had touched her inappropriately over her clothing.
The girl told her counselor she and Smith had a deal that she could play with his phone whenever she wanted if she did not tell her mother or her brother he was touching her, according to the affidavit. Everley spoke with the girl’s mother and told her about the allegations made. The woman became defensive and told Everley that Smith has not touched her children.
Everley asked the woman if she would take her daughter for a forensic interview and the woman agreed, according to the affidavit. Just before the interview, the mother yelled about how Smith doesn’t touch her children. The girl and her brother were able to hear the comments.
During the interview, the girl did not make any disclosures about physical or sexual abuse, according to the affidavit. When asked questions that would lead to a disclosure, the girl would say, “That’s a good question,” and then write “No,” on a board in the room.
When asked about playing on Smith’s phone, the girl began to say, “If you promise something,” according to the affidavit. “When … said this there was a distinct change in her voice and demeanor that I associate with someone being sad,” Everley wrote.
The girl said Smith would let her play on his phone if he gets to “cannon ball,” according to the affidavit. She later said Smith “cannon balls” at the lake. Smith later told police he never took the girl to the lake or swimming.
During the anatomical drawings, the girl referred to her genitals as “pond,” according to the affidavit.
Everley later learned the mother took the girl for a Sexual Assault Nurse Examination after turning down the exam following the interview, according to the affidavit. Everley was told the mother admitted her daughter told her that Smith touched her.
Smith was interviewed March 10, about the allegations.
Smith told Everley he and the girl were on the couch and were tickling each other and he went too far through her legs, “touching it,” according to the affidavit. He said it was an accident and he hadn’t done it on purpose.
Smith said this occurred about a week before police and DHS came to the house, around Feb. 20, according to the affidavit. Smith then said he had a head injury and it was difficult for him to remember things. When asked, Smith said he still knew right from wrong. Smith also said he wanted to get a job in law enforcement.
Smith said he never told the girl’s mother about accidentally touching the girl, according to the affidavit. Everley asked Smith if the girl had to do anything to play on his phone. Smith said, “Not really just give me a hug.”
Smith showed Everley Facebook messages between him and the girl’s mother, according to the affidavit. On March 4, the mother told Smith they can’t talk anymore because she doesn’t want her kids taken away. Smith told her he is sorry, told her he doesn’t want her to get her kids taken away and asked her to please not hate him.
The mother told Smith she believes he touched her daughter because Smith said he did not want to go to jail for what the girl told DHS during the interview, according to the affidavit.The woman later sent a message telling Smith her daughter told her about playing on his phone if she lets him touch her.