Dayton man accused of sexual assault, abduction due in court this week

A 44-year-old Dayton man is to be arraigned Thursday on several felony charges that include rape, felonious assault, kidnapping and abduction stemming from an incident that occurred Nov. 25 at a residence in the 2000 block of Elsmere Avenue.

A Montgomery County grand jury has indicted Daniel Smith on those charges, according to county prosecutor’s spokesman Greg Flannagan.

Dayton police said they have evidence to show that police received an anonymous phone call on the date in question during which they could hear the assault as it occurred. When police arrived, they found a female naked and beaten up.

According to police, Smith told them the sex was consensual, according to the prosecutor’s office.

Smith was arrested the morning of the incident is being detained in the county jail on the charges of rape, felonious assault, kidnapping and abduction.

The grand jury accepted evidence from investigators that Smith would not allow the woman to leave the residence, thus the kidnapping and abduction charges.

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