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Chattanooga man with learning disabilities sentenced for 2014 jogger assault

Images: Hamilton Co. Jail/MGN

UPDATE (July 3rd):

The week of July 1st, attorneys for Smartt requested that he wants a new trial.

Judge Poole set a date to discuss the motion for July 9th.

Depend on us to keep you posted.

PREVIOUSLY:

A 20-year-old Chattanooga man with learning disabilities will serve up to eight years in prison for a 2014 sexual assault case.

It's possible a judge will reduce the sentence for Diontae Smartt based on the fact that he's worn an ankle monitor for the last 3 years since his arrest.

On September 29th, 2014, a 69-year-old man who was jogging near a bus stop on West Mississippi Avenue approached Smartt and asked him for sex.

According to the affidavit filed in juvenile court, the 69-year-old victim "received serious bodily injury including blunt force trauma injuries to his head" during the subsequent rape and assault. Smartt was later charged with aggravated sexual battery.

Defense attorneys and his family argued that Smartt, who was 17 at the time, was not mature enough to handle the jogger's offer, and lashed out by raping the man.

Jurors found Smartt guilty back in April. That came after an earlier trial in August, 2017, which ended in a mistrial.

At his sentencing hearing on Monday, prosecutors asked for a full 10-year sentence. But Judge Don Poole ultimately decided to sentence him to 8 years.



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