TOPEKA, Kan. (KSNT) — Former KBI Deputy Director, Kyle Smith could spend up to 31-34 months behind bars after making his plea Thursday morning.
Nicolette Schleisman was inside the courtroom and has more on what he’s convicted of and the charges the prosecutor dismissed.
Inside the Shawnee County District 11 Courtroom, Smith stood before Judge Cheryl Kingfisher, facing three felony counts against him. One count of sexual exploitation of a child and two counts of interference with law enforcement evidence.
Smith and his lawyer, Thomas Haney waived all rights to a jury trial, taking a plea instead. By taking the plea, he’s convicted of sexual exploitation of a child, however, the two counts of interference were dismissed.
Smith admitted in court to knowingly possessing a picture of a nude teenager. In November, Smith claimed he accidentally sent a picture of a young, underage girl, posed in a sexually explicit manner to the secretary of the KBI from a Yahoo account.
According to Todd Hiatt, prosecuting attorney with the District Attorney’s Office, there is no evidence he took the picture or that he was any relation to the girl. Hiatt went on to say they’re unsure where the picture came from.
Smith is already in a treatment program, if it can be proved that the program would be better at reducing the chance of recidivism than jail, he could go on probation. According to Haney, Smith will be meeting with another physician for an evaluation study in April, so the physician can speak during Smith’s sentencing. A statement is expected to be released from Haney, Smith’s lawyer, closer to the sentencing date.
Meanwhile, Smith remains free on bond.
He was arrested in February and will be sentenced on May 28, 2014.