CEDAR CITY — A man convicted of rape in a cold case that dates back nearly 19 years ago has been sentenced to prison.
Shawn Michael Smith, 42, was sentenced Wednesday afternoon by 5th District Judge Matthew L. Bell.
The court imposed the maximum sentence allowed under the applicable statute, a prison term of “at least five years and up to life” for the single count of rape, a first-degree felony.
“I do wish that were within my power to impose a greater sentence, but I’m limited to what the law allows under the circumstances in this unique case, including those changes over time to the statute of limitations that caused the state to amend their charges,” Bell said during the sentencing hearing, which was conducted via videoconference online.
Still, it’s within the power of the Board of Pardons to keep the defendant in prison for the rest of his life, Bell said.
“I will also strongly urge the Board of Pardons to keep the defendant incarcerated indefinitely,” he added. “If that happens, the defendant will deserve every single day he serves.”
His victim also deserves to have peace of mind for the rest of her life, the judge added.
“She has spent far too much of her life without seeing her rapist held accountable,” he said.
As previously reported in Cedar City News, Smith was found guilty by a jury in December. He had been accused of raping at knifepoint a girl who was 13 at the time of the crime, which reportedly occurred on or about June 25, 2003 in Cedar City.
The two-day trial featured sworn testimony from the victim herself, along with that of other witnesses, including police detectives, forensic technicians and other investigators. A key piece of evidence was a DNA sample that wasn’t sufficient for a profile in 2003 but was ultimately matched to Smith when it was retested in 2017 as part of the state’s Sexual Assault Kit Initiative.
Still, throughout the trial and even after the guilty verdict was rendered, Smith maintained his innocence.
When asked on Wednesday if he had anything to say before the court imposed the sentence, Smith said, “I plead not guilty and I’ll just leave it at that,” and made no further remarks.
Iron County Attorney Chad Dotson then addressed the court, reading first from the impact statement filed by the victim, who is now in her early 30s.
“Him violating me is stuck in the back of my head forever, and so is the fear that he will do it again to another little girl when he gets out,” Dotson said, reading from the woman’s statement. “I’m so afraid of him hurting me or my family, since he threatened my life if I ever told anyone.”
The woman went on to call Smith a “dangerous predator” who deserves a harsh sentence, Dotson added.
Dotson then talked about Smith’s extensive criminal history.
“It’s hardly a surprise,” Dotson said. “The defendant has a steady stream of convictions from 1991 as a juvenile to the present day.”
Additionally, he noted, “Where there are gaps in new offenses being committed is where the defendant was in jail or prison.”
Smith was incarcerated for felony drug trafficking in Idaho at the time that Iron County filed the rape charge against him, Dotson added.
“Your Honor, Sean Michael Smith is dangerous,” Dotson said. “He’s demonstrated it time and time again, and his criminal history is clear. When he’s incarcerated, individuals and communities are safer.”
Just prior to imposing his sentence, Bell said that defendant’s denial of responsibility in such a troubling case is telling.
“This is a despicable and violent crime and the defendant has evaded justice for far too long, at least for this reprehensible act,” the judge said.
“He shows no remorse and blames everyone else,” Bell added. “He’s been convicted by a jury of his peers. The evidence at the trial included the defendant’s DNA collected from his young victim all those years ago. The defendant, at the time of the offense, deliberately sought to destroy evidence immediately after the crime. For far too long, he got away with it.”
But the advances in technology caught up with him, Bell said.
“Despite his claims to the contrary, he’s been found guilty by a jury of his peers and he’s going to prison again,” he added.
The court also ordered Smith to pay over $19,000 in fines and fees, plus any restitution.
“I’ll leave restitution open for three years, in case there are any claims submitted,” the judge added.
Should Smith decide to appeal his sentence, he has 30 days to file a written notice, Bell noted.
In the meantime, the court ordered Smith to be transferred to the custody of the Utah Department of Corrections to begin serving his prison sentence.
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