Justice Demanded: Former Buffalo State Student David Smith Faces Sentencing for Horrific Rape Conviction

A somber courtroom awaited justice today as David C. Smith, a former student of Buffalo State College, stood convicted of first-degree rape and other severe charges. Smith, found guilty by a jury in October, now faces the full weight of the law, with sentencing scheduled for February 13th.

The proceedings were marked by an incredibly powerful and heart-wrenching victim impact statement.

The young woman, whose life was irrevocably altered by Smith's actions, bravely confronted her assailant. "You changed me permanently," she declared, her words echoing the profound and lasting trauma she has endured. "I want you to know how much I hate you," she added, giving voice to the deep-seated anger and betrayal stemming from the horrific incident.

During her statement, the victim painted a vivid picture of the aftermath: a constant battle with fear and anxiety, a crippling inability to trust, and the devastating impact on her academic pursuits and personal relationships.

Her testimony underscored the ripple effect of such a heinous crime, extending far beyond the initial assault to permeate every aspect of a survivor's life.

Smith was convicted on all counts brought against him, including first-degree rape, first-degree sexual abuse, and second-degree assault.

These charges stem from an incident that occurred in October 2021 at an apartment associated with Buffalo State College. The jury's swift and decisive verdict followed a trial that meticulously laid out the evidence against Smith.

At the time of the incident, Smith was 21 years old, and his victim was 18.

The court heard that while they had known each other for a brief period, their relationship was not romantic, a detail emphasized by the prosecution to highlight the unconsensual nature of Smith's actions.

The legal team supporting the victim, led by attorney Barry Covert, played a crucial role in navigating the complex judicial process.

Assistant District Attorney Kristen Bentley presented the prosecution's case, while Frank LoTempio III served as the defense lawyer. Erie County Court Judge Kenneth Case presided over the trial and will oversee the impending sentencing.

Smith faces a potential prison sentence of up to 25 years for the first-degree rape conviction alone.

Additional maximum sentences include seven years for first-degree sexual abuse and another seven years for second-degree assault. The judge will determine whether these sentences will run concurrently or consecutively, a decision that will profoundly impact the length of Smith's incarceration.

Compounding the severity of Smith's actions is his prior record.

In 2020, he was charged with forcible touching at another college, a charge that was ultimately plea-bargained to a violation. This history adds a disturbing layer to the current conviction.

In a moment of gratitude, the victim acknowledged the unwavering support she received from her legal representatives, the district attorney's office, and her family and friends.

Her courage throughout this harrowing ordeal serves as a testament to her resilience and the enduring human spirit in the face of profound adversity. The community now awaits the final judgment, hoping for a sentence that reflects the gravity of the crime and offers a measure of justice to the survivor.