HOLDENVILLE — A former private prison guard who admitted to engaging in oral sex with a male inmate in 2011 was sentenced to a year in prison Friday by a Hughes County district judge.
Christopher Smith, 29, pleaded no contest to a single count of forcible sodomy, records show.
The former jailer received a seven-year sentence from the judge, who suspended all but the first year.
Smith will be placed on two years of state probation following his release and will have to register as a sex offender.
His accuser, Kelly Demings, is serving a 12-year sentence after pleading guilty to second-degree burglary in 2010.
Smith and Demings gave conflicting reports as to what happened between the two men at the Davis Correctional Facility, a private prison in Holdenville that currently houses Oklahoma inmates.
The facility, with a capacity of 1,620, is owned and operated by Corrections Corporation of America, which also has prisons in Sayre and Watonga.
Court records show Smith told investigators he “allowed” the inmate to perform oral sex on him inside a staff restroom on June 18, 2011.
Demings, 42, told a state Corrections Department investigator during a July 27, 2011, interview that Smith used the “power of his position” to force him to perform oral sex, records show.
An affidavit filed in the case stated Deming preserved DNA evidence following the incident.
Trisha Smith, an assistant district attorney for Hughes County, said this evidence was tested by investigators.
“They came back a match to Mr. Smith,” the prosecutor said.
A civil lawsuit, filed in federal court by Demings' attorneys, claims the DNA evidence belongs to Smith.
Smith and Corrections Corporation of America are listed as defendants in the federal case.
The inmate is claiming his civil rights were violated and he was subjected to cruel and unusual punishment when Smith forced him to perform oral sex, according to the suit.
The civil case is pending, records show, but a settlement conference has been ordered by the presiding judge.
Shortly before he was interviewed by James Parvin, an investigator for the state Corrections Department, Smith took a job as a prison guard at the Oklahoma State Penitentiary — the facility that houses death row.
Parvin was assigned the case because Demings was under the purview of the Corrections Department at the time of the incident.
Jerry Massie, spokesman for the state Corrections Department, said Smith was hired July 1, 2011, to work at the Oklahoma State Penitentiary.
Smith was “discharged” from his job July 27, 2011, Massie said, the same day he was interviewed by Parvin in connection with the sexual assault case involving Demings.