January 15th, 2019
FORT SMITH- Sebastian County Prosecuting Attorney Daniel Shue announced today in a press release that Rae Von Smith, the stepmother of a 5-year boy who’s death is currently under investigation by Fort Smith Police, has been charged with first degree murder. No bond has yet been set at this time for Smith’s murder charge.
Smith was arrested last Friday morning for First Degree Endangering the Welfare of a Minor after a five year old boy arrived via EMS at Mercy Hospital deceased upon arrival. Doctors told Police that injuries observed on the child did were not consistent with statements provided by Smith.
A probable cause affidavit noted that Smith claimed to investigators that the child had fallen down the stairs on two separate occasions and sustained cuts near the eyes and behind an ear. Smith also claimed that she woke up to find the child unresponsive after laying down with the child to sleep, according to the affidavit.
Details have not yet been released as to what prompted Smith’s charges to now include First Degree Murder.
Sebastian County Prosecuting Attorney Elizabeth Shue stated in a press release: “I have been asked about the motive in this particular case. While I cannot comment with regard to the facts of this particular case, I can state that evidence of motive in a homicide case is usually permissible; however it is not necessary. All that is necessary, with regard to what must be proved beyond a reasonable doubt, are the elements of the offense. In general, for Murder in the First Degree, there must be proof beyond a reasonable doubt that a defendant knowingly caused the death of the victim, who was less than fourteen years of age. In turn, “knowingly” is defined such that a person acts knowingly with respect to the persons conduct when he or she is aware that it is practically certain that his or her conduct will cause the result.”
No further details are available at this time. This is a developing story, we will release updates as they become available.
For more details, check out the original story.