LACONIA — A former Laconia man who has been indicted on four courts of aggravated felonious sexual assault on an 8-year-old child in 2011 has been located by the Louisa County, Virginia, Sheriff's Department.
Carl R. Smart Jr., 37, was indicted by a Belknap County grand jury in December of 2015 for raping the child during the months of May 2011 to August 2011 in Laconia.
The Belknap County Sheriff's Department said Smart is being held at the Central Virginia Regional Jail and is awaiting a hearing before a Commonwealth of Virginia judge for extradition back to New Hampshire.
Although the case was investigated by the Laconia Police, who brought it to the Belknap County Attorney's Office for possible indictment, police officials said Smart was never arrested on the rape charges. Police confirmed Thursday that Smart was known to them and previously been arrested by them for DWI some time in 2010. Officials do not know when Smart left New Hampshire.
According to an employee in the New Hampshire Judiciary Court call center, Smart was indicted on Dec. 3, 2015. His notice of indictment, complete with an arraignment date, was sent to his last known address and was returned as undelivered. His indictment was rescheduled for Jan. 6.
When he failed to appear for his Jan. 6 arraignment date, Judge James O'Neill issued an arrest warrant and set a $100,000 cash-only bail for Smart should he be found and returned to the state.
An indictment is not a determination of guilt but is a statement by an independent grand jury that the state has enough evidence to warrant an arrest and a trial.
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