A Tulsa man who pleaded guilty and was sentenced to 120 years in prison for raping a Glenpool girl wants to withdraw his plea.
In a motion filed in Tulsa County Court this week, Kevin Smith says after meeting with a judge in January 2016, he agreed to enter a guilty plea. He was charged with two counts of first-degree rape and one count each of kidnapping and first-degree rape by instrumentation.
In that meeting, Smith said understood he would get a 30-year sentence on each count, to be served concurrently.
But at his February 2016 sentencing, the judge sentenced Smith to 40 years on each of the four counts to be served consecutively. Smith cites "incorrect advice from his counsel when he gave up his right to a trial and pleaded guilty without the benefit of a plea offer from the state."
Tulsa County DA, Steve Kunzweiler issued the following statement:
“It is our position that Mr. Smith understood the potential ramifications of his blind plea to the court. It was his choice to take a chance on being sentenced by Judge Caputo versus being sentenced by a Tulsa County jury for these crimes. We believe that his plea was knowing and voluntary and informed and we have no reason to believe he was promised anything regarding the punishment he was going to receive.”
Smith is accused of raping a Glenpool girl in 2013 and is currently serving time in a federal prison on a related crime.
In January 2015, a federal judge sentenced Smith to 17-and-a-half years in prison for distributing and possessing child pornography after he was convicted of having 290 images of child porn and 143 videos on his computer.