RUSHMORE - Charges were filed Monday against a Rushmore man accused of strangling a woman Friday in his apartment.
According to the criminal complaint, a Nobles County deputy was dispatched to a Rushmore residence for a reported assault. The alleged victim - reported in the complaint as crying - told the deputy that Kirk Smeathers, 60, had grabbed her around the neck and choked her. She also claimed Smeathers put his hand over her mouth to the point that she could not breathe. She also alleged to have been punched in the stomach and threatened with a knife, although she did not see one, the complaint continues.
The complaint states that the deputy observed slight redness around the alleged victim’s neck, but no visible injuries to her stomach.
The deputy spoke with Smeathers, who claimed the duo had been drinking together in his apartment when the alleged victim fell out of the chair both had been sitting in. Smeathers said he asked the woman to leave, and struggled with her in an attempt to get her to leave. He said he may have grabbed her around her shoulder/neck area during the struggle, but denied threatening her, the complaint concludes.
Smeathers faces domestic assault by strangulation and threats of violence, both felonies; and two counts of domestic assault. A threats of violence conviction (the most serious offense) is punishable up to five years imprisonment, a $10,000 fine or both.
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Smeathers’ unconditional bail was scheduled at $1,000. He’s scheduled to make an Oct. 2 initial appearance in Nobles County District Court.
11:15 a.m. Wedneday edit: Smeathers mugshot was added after receiving it Wednesday morning.
