Louisville man accused of sexually assaulting unconscious woman - WDRB 41 Louisville News

Louisville man accused of sexually assaulting unconscious woman

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David Wayne Smith at a court appearance on July 22, 2016. David Wayne Smith at a court appearance on July 22, 2016.

LOUISVILLE, Ky. (WDRB) -- David Smith appeared before a judge on charges of sodomy and sexual misconduct Friday. 

The 45-year-old homeless man is accused of assaulting an unconscious woman on 5th Street Thursday. 

An arrest report says he was found about a block away from the scene, matching the description given by multiple eye witnesses. 

"Is this right? He's got 197 arrests?" asked District Court Judge Sandra McLaughlin.

Smith has been arrested nearly 200 times. 

His criminal history is 44 pages. Some of the charges have been dismissed or amended down and many involve alcohol. 

"You know, a community is failing its citizens if it can't get someone the kind of help that he needs. so that's a shame," McLaughlin said during the hearing. 

She's calling the case disappointing and sat down with WDRB to talk about what's going wrong. 

"He is someone that is a catch and release. He's in, he's out and we know he's coming back," McLaughlin explained. 

She says she sees people like this all the time and is concerned the underlying problem isn't being addressed. 

McLaughlin says people need help finding things like substance abuse treatment, housing and jobs. Those are resources the city already has. 

"What they need is someone to put the whole package together," she said. "Maybe that's the problem is that were not putting a package that they can see, that there's some kind of hope, there's a way out, there's a different life style than what they're currently living." 

The judge tells us people who cycle in and out of the system often end up charged with more serious crimes. In Smith's case, prosecutors tell us he could now spend up to 20 years in prison if convicted. 

A not guilty plea was entered on his behalf Friday. He's being held on a $20,000 bond. 

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