Nevada County Picayune and Gurdon Times Newspaper Archive

Given 40 Years, Plus 10 Years For Burglary

A jury of 12 Nevada County residents found Xavier Shonta Smallwood guilty of rape and burglary at the conclusion of his trial, Wednesday, Oct. 25.

Smallwood, 17, had been charged as an adult in the two cases, which occurred in Dec. 1994.

According to court records, he broke into the victim's home while she was away. When she returned to get a change of clothes for her daughter, she picked up a cordless phone to call her mother and let her know she would be late.

As she walked into her daughter's room, Smallwood grabbed her and put a knife to her throat. He reportedly asked her to remove her clothes.

She attempted to stall the attack by telling him she needed to use the restroom. While in the bathroom, she attempted to call her mother, but discovered the phone was dead. It was later found the phone lines had been cut.

Smallwood had followed the victim to the restroom. Once she left it, he forced her to remove her clothes and asked her to perform a sex act on him. When she refused, he became angry.

Realizing she was going to be raped, the victim asked him to use a condom to prevent the possible spread of any sexually transmitted diseases. He complied.

According to court records, the victim repeatedly tried to push Smallwood away, but he was stronger than her and repeatedly threatened her life if she continued fighting.

During the assault, Smallwood told the victim how he broke into her house and advised her on ways this could be prevented in the future.

He also reportedly told her he was already wanted for breaking into the Ford dealership.

When he completed his attack on her, he again threatened her life. She waited until she was sure he was gone, went to a phone and called her mother, telling her of the rape.

Officers searched for Smallwood, with Prescott Police Chief Willie Latin finding him as his home.

Smallwood said he and the woman had had consensual sex, and the act was not forced. He claimed the two were having an affair and this was not the first time he had been to her house.

The jury also found Smallwood guilty of burglary in connection with the breaking and entering and theft of property from the Ford dealership, which occurred Aug. 2, 1994.

In the burglary, a computer, terminal, keyboard and videocassette recorder were taken.

He was sentenced to 10 years in the state department of corrections on the burglary charge and 40 years for rape. The rape sentence is to run consecutive with the burglary sentence.