Alto father, son arrested on multiple child sex assault charges

October 15, 2021

CHEROKEE COUNTY – Two Alto men were arrested by the Cherokee County Sheriff’s officials on Oct. 13 on multiple charges of sexual assault of a child after a search warrant was conducted on a residence in the county.

Theodore Smith, 89, is being held on a $7 million bond in the Cherokee County Jail, where he awaits transfer to California for trial.

His son James Smith was located and arrested while on a trip to California, and is being held in a California jail, officials said.

According to reports, the assault spanned a period of more than 40 years.

A search warrant was executed on a residence north of Alto on U.S. Highway 69, resulting in multiple arrest warrants issued for both men.

The elder Smith was located in his residence in Alto and was taken into custody and charged with 34 counts of lewd act of a child under 14 with force, along with two counts of lewd or lascivious acts on a child under 14.

The case stems from evidence left behind in a California residence when the Smiths moved from California to Texas a year ago, according to the report.