x
Breaking News
More () »

Man accused of assaulting, strangling former neighbor after offering her a ride

The victim said he told her he had waited years for her and that he was not going to let her go.
Credit: Austin Police Department
James Smiley, 58

AUSTIN, Texas — A man has been charged after a woman says she woke up in his car with her pants off and apparent strangulation injuries after he offered her a ride home.

The victim first reported the incident in January. Upon speaking with police, court documents told them she could not remember everything but she knew she was leaving a friend's apartment on Manor Road when she ran into suspect James Smiley, her former neighbor, in the parking lot and he offered her a ride.

She accepted the ride and got into the backseat of his vehicle, while the man's girlfriend occupied the front seat. Along the way, she told police he made numerous stops so she began to get frustrated and told him she was going to leave.

At this point, the victim reported that Smiley, 58, told her that he had waited years for her and that this time he was not going to let her go. The woman said this confused her because they have never had a romantic relationship before. She said Smiley turned around in the driver seat, slapped her and she remembered blacking out.

When she awoke, she discovered she was now in the cargo area of the man's GMC Yukon and her pants were missing. Documents state that she remembered the man putting his hands around her throat at some point and she was unable to breathe. She also remembers being struck in the face.

RELATED: 

Most road rage incidents in Austin this year have involved guns, police say

Gov. Abbott signs bill creating Sexual Assault Survivors' Task Force

She told police that when Smiley and his girlfriend fell asleep, she was able to escape the vehicle and call for help. She said she left behind several of her personal items, including her ID.

Police said that Smiley was eventually arrested for unrelated sexual assault charges and the Yukon was impounded. After obtaining a search warrant for the vehicle, police said they found the victim's ID inside the vehicle.

Officials also reviewed hospital images of the victim's injuries, which showed that she had cut her lip, had red marks on her neck and swelling and redness under both eyes, indicating that she was possibly strangled. The hospital said she was treated for assault, a possible concussion and edema.

Smiley was charged with aggravated assault, a second-degree felony. Online records indicate he remains under Travis County custody under charges of aggravated sexual assault with a $100,000 bond and aggravated assault causing serious bodily injury with a $75,000 bond.

PEOPLE ARE ALSO READING:

Matthew McConaughey: Austin not what it used to be

20-year-old Sugar Land man killed in boat crash on Lake LBJ, Texas Game Wardens say

Pedestrian killed in southeast Austin hit-and-run identified, police seeking suspect

Before You Leave, Check This Out