A homeless man was arrested for allegedly luring a juvenile into a bathroom.
Daniel Kay Smith, 54, is charged with child molesting, a level 4 felony; and criminal confinement, a level 5 felony. He was booked into the Kosciusko County Jail at 6:04 p.m. Sunday on a $15,250 preliminary bond.
According to the probable cause affidavit, at about 4:23 p.m. Saturday, a Syracuse Police Department officer was dispatched in regards to a call about a man luring a juvenile into a bathroom at a park. Prior to the officer’s arrival, Kosciusko County Central Dispatch informed the officer that the man, later identified as Smith, was being chased and was running in the alley behind the Syracuse Police Department.
The officer entered the alley and was flagged down by a man and a woman. They said Smith jumped into the channel. The officer approached the channel and saw a man floating on his back with his arms spread out to his sides. Bystanders in a boat offered help to the officer. The officer boarded the ship and was ferried to Smith. The officer grabbed Smith out of the water and Smith said he wasn’t doing anything and he was sun stroked.
Smith asked why he was being arrested. The officer told Smith he was being detained at that moment and wasn’t being arrested.
As Smith was being ferried to shore, he kept yelling, “Bill of Rights, Bill of Rights, Bill of Rights.” He then told the officer to put him back into the water and he was dying and he went limp as if passed out. Then Smith asked why the officer was detaining him.
The Turkey Creek Fire and EMS attempted to board the boat and tend to Smith, but Smith stood up and attempted to walk away. The officer told him to stop.
Eventually, the suspect was escorted to the ambulance. Smith said he didn’t do anything and he wanted to rest. He also said he was a disabled veteran. Later, Smith said he was off his medications and referred to himself as Agent Smith of the CIA.
Another officer arrived at the scene to help the initial officer.
According to court documents, the officer talked to the man who said he was in a residence near the park when he looked out the window and saw Smith lure a 7-year-old juvenile into the men’s bathroom. As soon as the man saw the door shut, he said he ran over to the park and intervened.
The man said he saw Smith walking around Syracuse and was always alone. When the man saw Smith talking with the juvenile, the man didn’t think the situation was right, so he watched them.
The man said he saw Smith crack the bathroom door open and motion towards the juvenile to come to him. The man saw the juvenile enter the bathroom. The man ran over to the bathroom to find the door locked. The man asked if Smith and the juvenile were OK. The man said Smith opened the door and said he and the juvenile were family friends. The juvenile wouldn’t speak. The man said he started to call the police and Smith started running and the man followed him until Smith was located by police.
The juvenile was interviewed by an officer and the juvenile said Smith tried to get the juvenile into the bathroom. The juvenile said they were in the park walking their dog and the dog kept trying to go to the man. The dog pulled the juvenile into the bathroom, according to court documents.
The juvenile went to Safe Harbor Child Advocacy Center for a forensic interview. The juvenile said Smith grabbed them and kissed them on the cheek. Then someone knocked on the door and Smith opened the door and was chased through the park.
According to court documents, Smith is not related to the juvenile.
Smith has prior convictions including possession of methamphetamine, a level 6 felony, in Kosciusko Circuit Court on Nov. 8, 2021; dealing in methamphetamine, a level 5 felony, in Kosciusko Circuit Court on April 16, 2018; possession of two or more chemical reagents or precursors, a class D felony, in Kosciusko Circuit Court, on Jan. 13, 2011; burglary, a class C felony, in Kosciusko Circuit Court on July 1, 1999, and Aug. 28, 1998; operating a vehicle as a habitual traffic violator, a class D felony, in Kosciusko Superior Court III, on Aug. 6, 1998; and possession of chemical reagents or precursors, a class C felony, in Elkhart Superior Court III, on Aug. 17, 2006.