LOGAN — New evidence is postponing the case against a 34-year-old Nibley man accused of sexting a teenage girl and other crimes. Nicholas L. Smith was originally arrested almost two years ago, when family members found “disturbing text messages” on his phone.
Smith appeared in 1st District Court Tuesday morning. He’s been charged with 10 counts of sexual exploitation of a minor and one count of enticing a minor over the internet, all second-degree felonies. He also faces three charges of distribution of pornography and one charge of soliciting or distributing child pornography, all third-degree felonies.
Deputies allege that Smith recorded himself having sex with people multiple times in Nibley and also Logan Canyon. The victims claimed they did not know they were being filmed. Some of the videos may have also involved minors. The crimes are believed to have occurred between 2012 and 2017.
One of the people Smith allegedly sexted with was an underage girl, who lives in England. They reportedly had a relationship for more than five years that started when the girl was 12-years-old.
Charges were originally filed against Smith in December 2017 and January 2018. Both cases were later dismissed without prejudice after prosecutors were unable to gather evidence from investigators in England. The charges were refiled again in February 2019.
During Tuesday’s court appearance, defense attorney Ray Malouf said prosecutors had provided them additional evidence in the form of an interview that he had been unable to view. He asked the court for more time to watch the video.
Cache County Deputy Attorney Dane Murray said he would work with Malouf to view the evidence. He expressed concern though with the delay, and asked the court’s help moving the case forward.
Judge Brian Cannell echoed concern for the case’s slow progress. He ordered Smith back to court December 10.
Smith did not speak during Tuesday’s appearance. He is currently out of jail after posting $25,000 bail and could face up to 15-years in prison if convicted.