New York City men charged in North Adams robbery, assault now accused of rape


PITTSFIELD -- Two New York City men already facing multiple charges for an alleged brazen daytime home invasion in North Adams have now been charged with aggravated rape involving one of the same complaining witnesses.

Richard C. Smith, 23, and Daivon A. Henry -- who also goes by Wilson -- 21, both of the Bronx, sexually assaulted a 40-year-old woman in North Adams in late April and early May, police said. Smith additionally attacked another 40-year-old woman around the same time, according to the Berkshire District Attorney's Office.

The two men already were facing home invasion, larceny from a person and multiple counts of assault with a dangerous weapon and assault and battery.

The North Adams police allege the duo broke into a residence on Brayton Hill Terrace at 12:30 p.m. on July 2, attacked the people inside and took approximately $14 for a drug debt. They beat a man and woman and then pulled a gun on the woman and two men, aged 47 and 53, before taking money and fleeing the residence, according to a police report.

The two defendants were arrested a short time later, but no gun was found. The woman allegedly later recanted her story concerning the hold-up.

Smith, accompanied by his attorney, Thomas J. Donohue Jr., pleaded not guilty in Berkshire Superior Court on Wednesday to aggravated rape and aggravated assault and battery, and three counts of assault and battery.

Henry, represented by attorney Richard D. LeBlanc, pleaded not guilty to single counts of aggravated rape and three counts of assault and battery.

Assistant Berkshire District Attorney Mary-Elizabeth Mack did not ask for additional bail.

Superior Court Judge John A. Agostini ordered Smith held on the $40,000 cash bail or $400,000 surety bond already set. Wilson was held on the $30,000 cash or $300,000 surety bond. The defendants are to have no contact with the alleged victims if they are able to make bail.

Besides the North Adams police, the case was investigated by state police detectives assigned to the District Attorney's office.

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