Man charged with sex assault of woman with 'brain defects'

ELKO — A man was jailed with bail set at over a half-million dollars on charges he sexually assaulting a woman a couple of months ago.

Carl L. Smith, 64, was charged with sexual assault of a vulnerable person, a category "A" felony, and open or gross lewdness in the presence of a vulnerable person, a category "D" felony.

He also faces a lesser charge of abuse of a vulnerable person, listed as a category "C" felony or gross misdemeanor.

According to court documents, Elko police responded to the Elko County Jail on July 31 and met Smith, who said he had been chased towards the jail by someone yelling at him to "leave Elko."

He asked the staff at the jail to call the police because he did not have his phone. Smith told the authorities a woman came to his trailer, where they drank alcoholic beverages together and ended up having consensual sex.

Police met with the victim's caregiver, who said the woman, who is 36 years old, was "severely handicapped and has the mental capacity of a 6-year-old due to various physical brain defects" and must have constant supervision.

The caregiver told police the woman had Smith's cellphone, and she allowed her to return it to Smith.

A witness told police the pair had been spotted hanging out and drinking together in Smith's trailer.

Police interviewed the victim, who corroborated some details provided by Smith of their encounter.

A report was filed with the Elko County District Attorney's office on Aug. 14.

Formal charges against Smith were filed on Sept. 19.

Smith was arrested on Sept. 20. His bail was set at $515,000.