The man accused of assaulting and kidnapping his pregnant girlfriend had his preliminary hearing this week where the victim testified what happened to her. 

Jeffery Dwayne Smartt Jr. is charged with domestic assault second offense, aggravated kidnapping, domestic assault third offense and reckless endangerment. Smartt was represented by the Public Defender’s Office. Assistant District Attorney Jean Brock represented the state and called the victim as the first witness. 

The victim explained the defendant was her ex-boyfriend. Brock asked her to tell the court what occurred on May 26. 

“I told him he didn’t have a reason to hit me or anything and he ended up busting my nose,” said the victim. 

Brock asked her to explain what happened after he busted her nose. She then described a situation that ended up with her being dragged to the bedroom by her hair. 

“I went to the living room where his mother was at and he came in there and started counting like I was a child. He told me to get my ass back to the bedroom. When I didn’t listen to him, he walked over to me and picked me up by my hair and pulled me to the hallway,” she said. “He then got me up again and drug me all the way to the bedroom and threw me in the bedroom and proceeded to hit me and kick me and spit on me. During the whole process he knew I was pregnant.” 

The victim stated she was eight-weeks pregnant when this happened. Brock asked the victim if she was trying to leave Smartt. She said she wanted to leave after he started hitting her. 

“I told him if he ever hit me, I would leave. He told me that if I left he would put bullets in me,” she said. 

Brock asked the victim what happened after Smartt threw her on the bed and told her she could not leave. The victim testified that Smartt threw a wet rag at her and told her to clean herself up because she, “looked disgusting.” She stated that the next two days were calm. Brock asked why she didn’t leave during those two calm days. She said, “Because I was terrified.”

On May 30, the victim attempted to leave the residence, but the tires on her vehicle were flat. She said one tire leaks, but said the three others had rocks in the valves. Brock asked if anyone other than the defendant could have done that to the tires and she said no. While attempting to air up the tires, the victim said Smartt came outside. 

“He walked out of the house and said I deserved to be beaten again and that his mom had it coming too,” she said. “I was trying to figure out what was going on, what I had done that time. He then picked up the lighter and chucked it to me. I walked in there originally to get my stuff and leave. When I walked in there and he threw the lighter at me I just turned around and walked out and left.” 

She said she left and was driving on Old Nashville Highway when Smartt pulled up beside her and attempted to get her to stop. She said he began stopping in front of her in the middle of the road and she had to go around him. 

“When I did that, he rammed the Nissan he was driving into the side of my truck and made me go into the ditch. So I just stopped and backed away so he could just keep going. He motioned me to pull over at the church, and when I pulled over at the church he didn’t say anything,” she said. 

“So he is ramming your truck with his car and you are pregnant with his child?” asked Brock. 

The victim said yes. Brock asked if Smartt said anything about the pregnancy and the victim said he did not want it. 

“Did he tell you that during the time he was beating you those days?” asked Brock. 

“Yes. He told me that I needed to get an abortion,” she said. 

Following the victim’s testimony, Bill Cathcart with the Public Defender’s Office cross-examined the victim. He asked if she and Smartt were in a monogamous relationship. She said yes. 

“While Mr. Smartt was asleep, were you going through his phone?” asked Cathcart. 

The victim said she did not. 

 “You didn’t wake him up mad that you saw he had been communicating with another female?” asked Cathcart. 

She said no. 

“You didn’t throw his phone across the room?” asked Cathcart. 

“No. I have not,” she said.

Cathcart said the victim broke Smartt’s Verizon contract phone and she said she did not. Cathcart then said the lighter she claimed he threw at her did not hit her and said it hit the television. The victim said that was incorrect and the lighter hit her in the chest. 

“What broke the television?” asked Cathcart. 

“I don’t know. The television was working when I left,” she said. 

Cathcart again claimed the victim broke Smartt’s phone and said Smartt actually asked her to leave. 

“After you broke his phone, he told you he wanted you to leave, right?” asked Cathcart.

“I didn’t break his phone,” she said. 

Brock objected and said, “He is assuming facts that aren’t into evidence. She never testified she broke his phone.” Judge Ryan J. Moore agreed. Cathcart then asked if Smartt was the one who got the air compressor out for her to air up the tires. She said she was the one who got it out. Cathcart also said just one tire was flat and the victim testified that all four were flat. 

Cathcart then asked if the car belonged to the victim’s ex-husband. 

“I am separated from him, but it belongs to me and him both,” she said. 

“But you are not divorced from him. So you are currently married?” asked Cathcart. 

She said she was. 

“And living with Mr. Smartt?” asked Cathcart. 

She said she was at the time. Cathcart then asked what happened with the pregnancy and if she had the child. She said she did. Cathcart then asked if it was healthy and questioned who the father of it was. 

“Have you ever had paternity tests to determine who the father is?” asked Cathcart. 

“No. Right after I left him I ended up having to go to the hospital because they told me it was an attempted miscarriage because of the bruises and stuff I had,” she said. 

“Did you have any bruises around your abdomen or mid-section though?” asked Cathcart. 

She said her side was bruised. Cathcart then asked if she had a cellphone. The victim testified that she did have one, but Smartt took it from her which is why she did not call 911. 

In closing, Brock went over the definition of aggravated kidnapping. She said, “Just because at some point he decided to let her go, and I don’t even know at what point we can say that happened considering he chased her down and rammed his car into her, even that would not negate him holding her initially.”

In response, Cathcart said, “By the victim’s own admission, at least one of the tires leaks down. I don’t know that all four tires, it is her testimony that all four tires were flat. Apparently she was able to leave the house at about the same time.”

Judge Moore found that the state met its burden of proof and bound all counts over to the grand jury. Due to the proof and his prior history, he also raised Smartt’s bond to $250,000 and required him to wear a GPS monitor if he were to make bond.