ORLANDO, Fla. – A man charged with raping and killing an 18-month-old girl could walk out of jail after a judge granted him bond Friday.
David Smith, 27, was indicted by an Orange County grand jury in September on a first-degree murder charge for the death of Asiyah Magee.
Prosecutors say Smith was caring for the child in a motel room while her mother went to work. They say that's when he raped the child, breaking three of her ribs and causing a blood clot on her brain the size of a golf ball.
He was being held in the Orange County Jail without bond.
On Friday, his attorneys argued Smith should be granted bond, and the Office of the State Attorney did not fight it. Prosecutors did, however, try to show that Smith had defied previous court instructions to stay away from children. They contend they found pictures on Facebook that show Smith with his nieces and nephews.
He admitted he had spent time with them, but never out of the sight of his family.
Judge Mark Blecher ordered his bond for first degree murder be set at $100,000.
"I believe the state has a very weak case," said Smith's attorney, Juan Montes de Oca. "They're going to have to prove that these injuries were done by Mr. Smith."
Smith's sister, Rosie Smith, told News 6 she cannot guarantee she will keep her children away from him because he's their uncle.
"I have a daughter who is 8 years old and she's been around him her whole life," Rosie Smith said. "I don't believe that that's my brother."