The Daily Item, Sunbury, PA

October 24, 2009

Police: Bar encounter led to drugging, rape

By Marcia Moore

sunbury -- A 39-year-old city man was jailed Friday for allegedly drugging and raping a Northumberland man Wednesday.

The alleged victim, 41, told police that he was intoxicated when he met Brian Smith, of 401 Market St., at a city bar Wednesday, according to a criminal complaint filed by Sunbury police.

Smith had apparently only been living in the apartment house a little more than a week. He was sentenced Oct. 13 in Montour County Court to 70 days to 12 months in county prison for disorderly conduct charge stemming from an August incident in which he called Geisinger Medical Center and threatened to blow up the hospital.

At the time of his sentencing he was released, because he had already served the minimum amount of time in jail and placed on parole. At the time of his release, Smith told the judge that he had been evicted from public housing and had no place to stay.

As a result, social workers helped him find housing at the apartment house in Sunbury.

Prior to the alleged sexual assault, Smith reportedly the victim he had medicine that would sober him up and make him feel better, court records said.

The man, whose name is not being released due to the nature of the alleged crime, said Smith gave him several pills and took him to his apartment where he passed out.

The next morning, he awoke in pain and with a naked Smith on top of him, court records said.

The alleged victim left the room and immediately called 911. A subsequent examination at Evangelical Community Hospital Thursday revealed signs of a sexual assault, court records said.

Armed with a search warrant, police went to Smith’s apartment that same day and saw a prescription bottle for Clonozapam on his dresser and blood on the bed sheets.

Smith admitted he had sex with the alleged victim while the other man was under the influence of alcohol and the pills he provided him, court records said..

The accused said he had never met the alleged victim until Wednesday when he heard him banging on doors in his apartment building looking for a relative.

The man appeared “very intoxicated,” Smith said.

According to police, Smith invited the man into his room and gave him about 10 prescription pills over a five-hour period.

Smith was arraigned before District Judge Carl Rice on felony charges of involuntary deviate sexual intercourse, rape, sexual assault, aggravated indecent assault and misdemeanor indecent assault.

He is being held in Northumberland County Prison in lieu of $75,000 cash.