UPDATE: RCSO case files reveal serious allegations against former Josey band director

Charles Smith, Sr.
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UPDATE: News 12 at 6 o' clock/ Oct. 15, 2014

AUGUSTA, Ga.--We're learning more about why a Josey High School band director was never charged with sexual assault. Dr. Charles Smith, Sr., an educator for nearly three decades, was accused of sexual misconduct with several students back in 2001. After several investigations, Smith's teaching license was revoked in 2003, but he was never charged with a crime.13 years later, people are asking why this case was dismissed.

We got our hands on the Richmond County Sheriff's Office case files from the incident, which reveal some pretty heavy allegations from students.

Three victims listed and thirteen witness accounts were documented in the write up. In a statement Ebony Patterson gave to officers, Patterson said Smith touched her breasts , stuck his tongue in her ear, asked her to have sex and oral sex. She says 'Smth would always look around and make sure no other students were watching.'

"It disgusts me just looking at that man. I totally avoided the band room my entire 12th grade year after the first game," she explained.

Another alleged victim, Linda Martin, came forward during the investigation, saying Smith also sexually abused her back in the 80s. She says the first time he assaulted her, he called her house, spoke with her mom, and told her there was a band meeting Linda needed to attend. She says when she got to the school, Smith was the only person there.

"I said so what do you need me to do? He flipped off the light closed the door..." she went on to say he assaulted her, and continued to assault her numerous times throughout her high school career.

All of these allegations, along with several other statements, but no arrest, no charge, and no prison time for Smith.

Judge Daniel Craig, the district attorney at the time of the investigation, released a four page letter addressing the case. In it, he says Bill Bowcutt the ADA at the time, was in charge of determinging which cases went before a grand jury. But, it's difficult to tell from the paper trail if the case file was ever given to the DA's office for review. It could have been discussed and reviewed in person, but the district attorney's office says they do not have it in their files. An email from the investigator on the case to the ADA says: 'Bill, this is the case I inquired about when we spoke at your office the other day....we never generated a case number for this, however it was sent for review....'

Bowcutt responds, saying, "My prior review of your file led me to think that no single victim has a viable case...." he continues, "I noted, however, that the board of ed said more victims might exist. I asked the board of ed to send me any additional investigation and they refused to do so... Doubt we can go forward."

We have requested all of the documents related to this case from the Board of Education, and we'll keep you posted on what we find.

News 12 at 11 / Tuesday, October 14, 2014

AUGUSTA, Ga. (WRDW) -- A 13 year old case is getting attention again after sexual abuse allegations resurface. Monday, Charles Smith, Sr. was fired as Augusta's NAACP president. But, Smith was never charged. Tonight the former District Attorney weighs in in a four page letter sent to the president of the NAACP.

The four page letter was a direct response to Monday's news conference, but it raises even more questions.

For Linda Martin, thinking back, it's almost like another lifetime

"Unwarranted relationships are horrific at 13, 14, 15," she said.

Buried under 13 years of life, old memories re-emerge.

"It happened weekly, sometimes twice a week. For 5 years," Martin said.

Now a community is questioning a case that's long been closed, allegations of sexual abuse dating back to 2001 and before. Dr. Charles Smith, Sr. was the high school band director at Josey at the time.

"Serious questions still need to be asked to the Sheriff's Department, serious qustions to the District Attorney's Office, serious questions to the Superintendent's office," said NAACP President Francys Johnson in Monday's news conference.

News 12 tried to ask Smith himself, but he never answered the phone or the door. The NAACP directed their questions elsewhere.

"You have to ask the District Attorney because it was their prosecutorial decision not to prosecute Dr. Smith when these allegations came up in 2001," Johnson said.

A day after the news conference, the former DA wrote a response in a 4 page letter. He's now known as Judge Danny Craig. He writes, "In the matters I have read about concerning Charles Smith, my concerns are even more pronounced."

He says the District Attorney's Office never got a case file from the Board of Education Public Safety Department to prosecute, only incident reports and emails between a Richmond County investigator and the Assistant DA requesting advice.

According to his letter, "there was no mention that any child had been sexually assaulted." Instead, the he says the e-mails referred to verbal statements and an offensive hug.

Linda Martin says it was much worse.

"He tooke me to an instrument closet. He flipped off the, light closed the door, and," Martin trailed off.

Former prosecutor Craig says he never knew. After an investigation by Richmond County Sheriff's Office, the Board of Education, and the Professional Standards Commission, Charles Smith left Josey and his career in education, but he never faced charges.

News 12 has made calls and submitted Open Records Requests to the Sheriff's Office, the Board of Education, and before Judge Craig's letter, had also sent one to the DA. We'll be sharing those documents as we get them.

The letter talks about the worker in the DA's office who was responsible for determining which cases would be presented to the grand jury. Click here to read the full letter from Craig.

AUGUSTA, Ga. (WRDW) -- Augusta's former District Attorney said after hearing about the accusations surrounding Charles Smith, he contacted current DA Ashley Wright. The two went over the case file for Smith which Judge Daniel Craig said consisted of a couple of incident reports and emails between the DA's office and the Richmond County investigator looking into students' claims.

On Monday, Smith, the head of Augusta's NAACP branch, was fired after allegations of sexual abuse resurfaced.

In 2001, News 12 reported Smith was suspended and terminated as the Director of Josey High School's band after being accused of making sexual comments to students. School leaders moved him to the Transportation Department until the school year ended and resigned after that.

Georgia NAACP President Francys Johnson said the group started an investigation into allegations that Smith made sexual comments to students in 2001 while he was at Josey High School.

According to Craig's letter, "there was no mention in the emails of any information on the part of the Sheriff's Office that any child had been sexually assaulted." He said one email contained information about an "offensive hug that Charles Smith had given to a female student."

The letter talks about the worker in the DA's office who was responsible for determining which cases would be presented to the grand jury. Click here to read the full letter from Craig.