Jury finds man guilty of assaulting 10-year-old

Saukville resident still faces charge of molesting 5-year-old girl in Port
By 
BILL SCHANEN IV
Ozaukee Press staff

An Ozaukee County jury deliberated for just 90 minutes last week before finding a 26-year-old Saukville man guilty of sexually assaulting a 10-year-old girl in the back seat of a van while the girl’s mother was giving him a ride home in 2020.

Kylar T. Smith was convicted of one count of first-degree sexual assault for having sexual contact with a child younger than 13 and faces the same charge in a separate case that is scheduled to go to trial next month.

The case that was heard by a jury on Jan. 11 dates to June 2020 when, according to the criminal complaint, a Saukville woman who knows Smith said he came to her house and was so drunk he was falling over. She said Smith told her that he had been arrested on sexual assault allegations.

The woman said she didn’t want Smith in her house, so she struggled to load him into her van, then drove him to the nearby home he shared with his grandmother. 

The woman’s 10-year-old daughter was in the backseat with Smith, and on the way to his house, the woman said, she heard Smith tell the girl, “Give me your hand” and turned to see his hand on her lower stomach area, the complaint states.

That night, the woman said, she was in bed when her daughter came in hysterical and said she needed to tell her something. The girl said Smith had touched her below her stomach, according to the complaint.

During a forensic interview at the Child Advocacy Center in Saukville, the girl told an investigator that Smith had touched her “crotch area,” and when he did she grabbed his hand and twisted it.

In the case that is scheduled to be heard by a jury on Feb. 15, Smith is accused of sexually assaulting a 5-year-old girl while she was staying with a friend of her mother in Port Washington in February 2020.

According to the criminal complaint in that case, the girl’s mother told authorities that she traveled to Atlanta, and for part of the time she was gone her children stayed with a friend who knew Smith.

After the she returned and picked up her children, the woman said, she was putting her daughter to bed when the girl told her she had pain in her groin area and that the boy at the house where she was staying had touched her, the complaint states. The only male at the house during the time the children were there was Smith, the woman said.

The girl said she was in a room with “the boy” that had toys in it while everyone else in house was in the living room, according to the complaint.

During an interview at the Child Advocacy Center, the girl told an investigator that somebody touched her “pee pee” under her clothing and that it hurt, then gave a description of the person who did it that matched Smith, the complaint states.

First-degree sexual assault of a child is punishable by a maximum 40 years in prison and 20 years of extended supervision. 

Following last week’s trial, Ozaukee County Circuit Judge Steve Cain ordered Smith held in jail until his April 7 sentencing. Smith had been free in lieu of $10,000 bail.

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Wisconsin’s largest paid circulation community weekly newspaper. Serving Port Washington, Saukville, Grafton, Fredonia, Belgium, as well as Ozaukee County government. Locally owned and printed in Port Washington, Wisconsin.

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