After about an hour’s deliberation, a jury returned a guilty verdict, concluding on Friday the two-day trial of William Douglas Smith.
He and Peggy Sue Horstman will be sentenced Sept. 17 – Horstman for the rape of an infant and Smith for complicity to the same. Both are first-degree felonies.
Smith, of Chillicothe, Ohio, was in communication with Horstman, of Barnesville. Horstman, 27, had pleaded guilty to the rape of a child and of transmitting pictures and videos to Smith and another individual.
Belmont County Assistant Prosecutor Kevin Flanagan represented the state. John Jurco represented Smith. Common Pleas Judge Frank Fregiato presided.
The jury heard a recording from detective Doug Cruse’s interview with Smith, during which Smith admitted to the allegations.
Smith took the stand to testify and answer cross examination. The previous day, Horstman had testified that Smith had urged on the crime. Smith claimed Horstman brought the child into the relationship. He maintained his innocence, saying Cruse had misled him and pressured him to make the confession.
“He wanted me to say I did something, so I did to end the subject,” Smith said, adding he denied instructing Horstman to delete information on her phone once he learned she had been reported to authorities.
Flanagan began his cross examination, during which Smith admitted he has been convicted of breaking and entering and obstruction by lying to police years earlier.
Smith insisted he had not asked for inappropriate pictures of the child, only of decent ones.
Smith also said the messages and texts were misleading, claiming his pet name for Horstman during their relationship and a name for the child were confused. He insisted Horstman instigated and continued to involve the child against his wishes.
He also claimed many of the exchanges and texts were consensual role-playing between them, speaking of imaginary persons.
Smith said that while he deleted information from his phone, he deleted everything as a matter of course since his phone did not hold much memory. He said Horstman had sent him unwanted pictures, which he said he deleted because he did not want to have them.
Flanagan noted Smith still continued the relationship.
During closing arguments, Flanagan said Smith was lacking in credibility, noting his claims changed between his statements to Cruse and his statements on the stand.
Flanagan pointed out Smith’s messages to Horstman, demanding pictures of herself and persons indicated to be underage, and that while Smith claimed to be appalled, he did not end the relationship until Horstman was caught.