Tulsa DA: Too Soon To Say If Man Will Be Charged For Attempted Kidnapping

Questions are being raised about whether charges will be filed against a Sapulpa man for trying to kidnap two girls from their Tulsa lemonade stand.

Tulsa Police said no charges would be filed, but the District Attorney said it's too soon to say that for sure.

Court records say DNA connects Kevin Smith to both the lemonade stand incident in March and the rape of a 12-year-old Glenpool girl last year.

9/2/2014 Related Story: Police: Suspect In Custody In Rape Of 12-Year-Old Glenpool Girl, Attempted Tulsa Abduction

The D.A. said once his office gets the full reports on both cases he'll review the evidence, then decide what, if any, charges can be filed.

Smith is currently in the Creek County jail, waiting on his federal child pornography trial.

When marshals arrested him in that case, they learned his DNA matches the rape of a 12-year-old Glenpool girl last year and the attempted kidnapping of two little girls selling Kool-Aid in their drive-way in Tulsa in March.

5/12/2014 Related Story: Lemonade Stand DNA Matches Glenpool Rape Suspect

Police originally thought no charges could be filed in that case because Oklahoma doesn't have a law specifically against attempted kidnapping, but, Oklahoma does have a law that covers attempted crimes.

Charging someone with an attempted crime depends on being able to prove what the person was trying to do before they were stopped.

Tulsa County Assistant District Attorney, Steve Kunzweiler said, "What judges and juries are always looking for is, do you have enough evidence to show what the person's intent was."

The girls said the man pulled up next to them, bought a cup of Kool-Aid, then asked them if they wanted to make money and said he would take their pictures, but they had to get into his car so he could take them to his studio.

3/19/2014 Related Story: Tulsa Police Investigate Reported Child Abduction Threat

The girls said that's when they got scared and began backing away from him and he drove off.

The D.A.'s office must decide if there's enough evidence to prove he intended to kidnap or harm the girls.

They understand it's a high profile case and people are outraged, but, said the decision has to be based on facts and evidence, not emotion.

"You want somebody who can pull back on the reins and take a look at it from an objective standpoint before making rash and rush decisions,” Kunzweiler said.

Smith has not been arrested for the Glenpool rape or the lemonade stand case. Right now, he's only charged with the unrelated child pornography case.

The D.A. hopes to have all the reports in within a week and then will decide about charges after that.