DALLAS – Utley Middle School P.E. teacher James Romig Smith was indicted May 16 for Sexual Assault of a Child by a Dallas County grand jury.
He is currently out of jail on a $50,000 bond. His trial is scheduled to begin July 1 at 9 am in Dallas County Criminal District Court #3, with Judge Gracie Lewis presiding, according to judicial court records.
His attorney is well-known criminal defense attorney, Toby Shook, who helped prosecute Eric Williams of Capital Murder in 2014 after he was convicted of killing Kaufman County District Attorney Mike McLelland; his wife, Cynthia; and his Assistant DA Mark Hasse.
Smith, 50, was placed on administrative leave by RISD Jan. 19 after the District was notified by Rowlett Police of a pending investigation into the allegation of sexual assault of a child.
He turned himself in to Rowlett Police Jan. 21 and was charged with the second degree felony of Sexual Assault of a Child. He bonded out that same night.
According to the arrest affidavit, the alleged female under 17 said she did not want to leave town and go to Chicago with her mother over the 2015 Easter weekend and asked if she could stay with friends instead. The mother said “No,” but said she could stay with Smith, whom they had met at cheer practice several months before. Smith was not married at the time and lived with his teenage son in his home.
The alleged victim claimed that he raped her in a bathroom in his home as she was preparing to take a bath. The then ninth-grader added that he threatened to harm her sister if the victim told anyone.