ANDERSON — A jury trial is underway for a Michigan man accused of raping a confidential informant during a controlled drug buy.
Valonte Deshoun Smith, 36, of Detroit, is charged with Level 3 felony rape when compelled by force or imminent threat of force and Level 4 felony dealing in narcotic drug.
In an affidavit of probable cause by Keith Gaskill of the Madison County Drug Task Force, the woman was reportedly buying a gram of a substance containing heroin from Smith, while being audio and video recorded Oct. 3, 2016.
On Thursday, the woman testified that she had obtained drugs from Smith without payment during prior occasions after having sex with him. She said she was an addict at the time and her drug of choice was heroin.
The woman said she was not forced to have sex with Smith during the prior drug purchases, but she was just “going with the flow” and did not tell Smith no.
On Oct. 3, 2016, however, the woman could be heard on police surveillance telling Smith no several times and making excuses for why she had to leave immediately.
During controlled drug purchases with a confidential informant, law enforcement monitor the interactions with a target subject and a code word is utilized if the informant begins to fear “grave physical harm,” according to the affidavit.
The woman testified on Thursday that she did not use the code word because she knew Smith had weapons and she believed there would be a lethal confrontation between Smith and responding law enforcement if she had used it.
She testified to telling Gaskill she did not have sex with Smith when he asked her immediately following the controlled buy. She said Gaskill asked her if she had sex during the purchase because they overheard the two and heavy breathing.
The woman said she denied what happened because she was in shock. A sexual assault examination was performed the day after the incident, she said.
The jury trial is set to resume Friday in Circuit Court 1 before Judge Angela Warner Sims.