The Superior Court has granted the request to modify bail made by a man accused of attempted rape.
Last Monday, Superior Court Associate Judge Wesley Bogdan granted the bail modification request made by Jones Smith, 41, to reduce his bail and allow him to be released to his siblings as third-party custodians after paying 10-percent of the reduced bail.
Smith’s bail was reduced to $25,000 from $50,000 and he will be released pending court proceedings upon posting $2500.
Following the hearing, Smith was remanded back to Department of Corrections custody.
According to court documents, on Aug. 19, 2022, police responded to a reported assault and attempted rape incident in Chinatown, Garapan.
The victim told police that Smith, her common-law husband, was drinking that night and when he arrived home, he was talking about problems they had in the past.
She said she told him to stop and to go to sleep but Smith refused.
She added that this went on for a while and she was not able to sleep because Smith kept waking her up.
She said Smith also kept asking her to have intercourse with him, but she said no because she was tired.
She said Smith refused to let her rest and told her to “stop pretending” like she was sleeping.
At around 1:30 am, the victim said, Smith jumped on top of her and put one knee on her left inner thigh and the other knee on her right inner thigh and held her arms down.
Smith then allegedly put both his hands on her face covering both her nose and mouth making it nearly impossible for her to breathe, “suffocating” her.
However, the victim said she eventually managed to sit up and pushed Smith’s face with both hands and scratched his cheeks with her nails.
The victim said Smith allegedly threatened to kill her and hide her body in a closet.
The complainant said Smith’s statement scared her because she knew he kept a knife near the bed so she said she did not say anything to Smith after that.
She, instead, waited until later that morning, at around 7am, to go to the Round House in Chinatown where she called for police assistance.