CROWN POINT — A Gary man is accused of breaking into his ex-girlfriend's home, threatening her with a hammer and sexually assaulting her.
Daniel W. Smith, 35, was charged Thursday in Lake Criminal Court with rape, criminal confinement, domestic battery, strangulation and two counts of residential entry.
Smith is already charged with stalking, residential entry and intimidation, among other offenses, on allegations he harassed the same woman a year ago in Gary.
Smith appeared in custody Friday in Lake Criminal Court to request Judge Salvador Vasquez reduce his $75,000 surety bond in the stalking case, which was filed March 22.
The judge informed Smith at the hearing about the new rape charges, which seemed to shock Smith.
“Rape?” he said in surprise.
Smith is currently not afforded bond on the new charges, court records state.
The 26-year-old woman told police she was asleep the night of Jan. 28 at her home in the 4900 block of Tennessee Street in Gary. She said she awoke to Smith, her ex-boyfriend, knocking on her bedroom window.
She said she told him to go away — she had another man in the home, records state. Smith allegedly kicked in the woman's front door and attacked the man. She called police, who took a report, but Smith was not arrested at the scene, records state.
She said she went back to bed after making the report. She awoke later in the night to Smith standing in her bedroom with a hammer, records state.
She said Smith rushed her with the hammer and grabbed her by the throat, records state. She said he scratched her face while muffling her screams and sexually assaulted her.
Smith eventually fled the home and the woman again contacted police. She said she underwent a sexual assault examination at Methodist Hospitals Northlake Campus.
The woman attended Smith's hearing Friday and requested the judge issue a no contact order. She told Vasquez she was afraid of the defendant, who is the father of her three children, court records state.
Vasquez granted the order.
A formal court appearance on the new charges has not yet been scheduled, records state.
Smith has requested a speedy trial on the stalking charges. A pretrial conference for that case is scheduled May 25.
Gallery: Recent arrests booked into Lake County Jail