Cleveland Woman Arrested For Supplying Minors Young As 12 With Liquor

Friday, July 27th 2012, 12:45 pm
By: News On 6

By Brandi Ball,

CLEVELAND, Oklahoma -- A Cleveland woman was arrested Friday night, after officials said she furnished alcohol to minors as young as 12 years old and left them unsupervised.

The minors, according to court documents, got drunk and engaged in sexual activity.

Affidavits obtained Friday morning by News On 6 allege Lynn Marie Smith, 37, hosted a June 5 birthday party in the 300 block of South Vine Avenue for a 16-year-old girl and her guests -– a 12-year-old girl, a 13-year-old girl and a 15-year-old boy -– and then left the premises.

The guests told investigators after Smith went next door, they got drunk and had oral sex and sexual intercourse with each other. In addition, an 18-year-old man, Daniel Allen Arbuckle, stopped by the party, had sex with the two youngest girls and videotaped sexual acts, affidavits say.

Investigators said before the party, Smith took two of the girls with her to DJ's Liquor Store in Cleveland and purchased peach wine and a flavored liqueur. In addition, surveillance video shows Smith placing vodka in her purse without paying for it, the affidavit says.

The girl celebrating her birthday told police she asked Smith to obtain the alcohol and host the party. The minors told police in separate interviews Smith came home, placed the alcohol on the table and promptly went next door to leave them alone, documents say.

Complaints against Smith include one count of furnishing alcohol to minors, a felony, and one count of petty larceny, a misdemeanor. Arrest warrants for Smith were issued July 16.

Arbuckle is accused of sexual acts with the 12- and 13-year-old girls and has been formally charged with first-degree rape of a female under 14 years, second-degree rape, two counts of sodomy and possession of child pornography.

According to the Cleveland Police Department, a separate minor child reported she was at a local park on June 8, three days after the party, and Arbuckle approached her. Arbuckle showed the girl pornographic cell phone video of the two youngest girls engaging in sexual activity with each other at the party Smith reportedly hosted, documents said.

Arbuckle has been in the Pawnee County Jail since June 19, and he is being held on $100,000 bond.

As it stands, Smith is facing only one count of furnishing alcoholic beverages to persons under 21. In court documents, count one lists all four of the minors.

Pawnee County Assistant District Attorney Jeff Sheridan told News On 6 that can change, but he didn't indicate specifics.

"I'm still looking at the case, but there's possibly more charges coming in this case," Sheridan said.

A felony conviction of furnishing alcohol to a minor carries a five-year prison sentence and/or a $5,000 fine per count. Petty larceny is punishable by up to six months in prison and/or a fine of $10-$500.

Smith was booked and immediately released from the Pawnee County Jail Friday night on a $5,000 bond.

According to court records, Smith also has an open misdemeanor larceny case in Tulsa County. A probable cause affidavit dated May 25 says surveillance footage caught Smith in April, removing tags from a purse at a Tulsa Old Navy store and putting more than $200 worth of goods inside.

Read the Tulsa County probable cause affidavit on larceny complaint

Court documents say Smith claimed her 60-year-old mother had lost her phone, and she asked the store manager to help the family comb the store. As the manager was helping the family search, Smith reportedly said she was going to the car to look for the phone. She is seen on surveillance video emptying the purse's contents into the family's blue vehicle, then re-entering the store and putting more items inside the purse, all while in front of her teenage son, the affidavit says.

Those complaints include larceny of merchandise from a retailer and contributing to the delinquency of a minor.

According to the Oklahoma court records website, the Tulsa County arrest warrant has not been served.