Sex offender, a former teacher, arrested for violating probation

Published 8:24 am Thursday, August 13, 2015

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A former Carter County teacher convicted of statutory rape and soliciting a minor was arrested Wednesday after state officials said he violated the terms of his probation for the second time this year.

Kelly Smith

Carter County Sheriff’s Department Deputy Chris Reichenbach arrested Kelly Andrae Smith, 33, of 3245 Gap Creek Road, Wednesday morning on a warrant out of Criminal Court charging him with violation of probation. Smith was booked into the Carter County Detention Center where he is being held under a $50,000 bond. 

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In 2014, Smith was sentenced to serve 90 days in jail and three years on probation after pleading guilty to aggravated statutory rape and two counts of solicitation of a minor. One of the victims was a 13-year-old girl; the second was a 16-year-old girl who had once been Smith’s student at Hampton Elementary School.

On August 4, Jeremiah Woodby of the Tennessee Board of Probation and Parole petitioned Criminal Court to issue a warrant for Smith’s arrest. According to a report Woodby filed with the court,  Smith violated the terms of his probation by failing a drug screen when he tested positive for opiates on July 14.  Judge Lisa Rice signed off on the warrant the same day it was requested.

This is the second time this year Smith has been charged with violating the terms of his probation.

On April 23, officers with the Tennessee Board of Probation and Parole along with an officer of the Sheriff’s Department searched Smith’s home as part of a statewide operation checking high profile sex offenders for violations of the sex offender registry.

Registered sex offenders serving time on state probation have a set of specialized conditions they must follow. Under the terms of Smith’s probation, he was not allowed to buy or possess any sexually explicit material and was barred from having Internet access on any computer or other electronic device.

When officers searched Smith’s home they reported finding he had internet access in his home and located pornography on a computer tablet. Officers also found an iPhone in Smith’s car, which contained three videos of Smith engaged in sexual activity, Probation Officer Michael Carver said. Officers checked the search history of the phone, and it revealed Smith had used the phone to view pornographic websites and to search escort services on Craig’s List, Carver said.

The first violation of probation charge against Smith is still pending at this time and he is scheduled to appear in Carter County Criminal Court on that case on August 19.