Niagara Gazette

Local News

July 21, 2008

LOCKPORT: Teens face new sexual misconduct charges

State police say 18-year-olds had sex with two 15-year-old girls

Two teens who were arrested in 2006 on charges of raping a 15-year-old girl have been arrested again on sexual misconduct charges.

State police announced Monday that Nicholas M. Smith, 18, of Crosby Avenue, and Antonio Sheppard, 18, of Gabriel Drive, were each charged with sexual misconduct, a misdemeanor.

Smith and Sheppard engaged in sexual intercourse with two 15-year-old girls at a home in the Town of Lockport in March, according to State Police Investigator Thomas Gibbon. He added the sex was consensual, but illegal because of the ages of the parties involved.

“That’s why it’s a misdemeanor and not a rape situation,” Gibbons said. “We received a complaint from a parent concerning activities with these 15-year-old girls and these boys, and we conducted an investigation that led to their arrests.”

He said he could not elaborate on the charges in an effort to protect the victims.

“It’s tough because of the girls’ ages,” Gibbons said.

Sheppard posted $1,000 bail, and Smith was released on an appearance ticket. Both are due Thursday morning in Lockport Town Court.

Smith, Sheppard and two other teens were arrested in 2006 and accused of sexually abusing a 15-year-old girl at a Lock Street home. Smith and two of the teens went to trial in May 2007 in Niagara County Court. The jury found Smith innocent on several charges but guilty of sexual misconduct.

Sheppard pleaded guilty before the trial to endangering the welfare of a child, admitting he took a video of the incident on his cell phone.

Sheppard was sentenced to three years probation. At the time of his sentence, Niagara County Court Judge Sara Sheldon Sperrazza told him not to associate with Smith or the other teens involved in the case.

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