Cushing man jailed on second domestic violence charge in Payne County

   STILLWATER — A Cushing man has been jailed on $20,000 bond pending a Sept. 16 preliminary hearing on a felony charge of abusing his girlfriend two months after he was placed on probation for abusing her in Payne County, court records show.

   If convicted of domestic assault and battery as a subsequent offense, Kelly Michael Smith, 30, could be given up to a 10-year prison term and a $5,000 fine.

   A neighbor had reported at about 2:08 am on July 11, 2025, a woman, who appeared to be “beat up and injured,” came to her house and asked for help, an affidavit alleged.

   The woman “told officers that her live-in boyfriend, Kelly Smith, had assaulted her, and he would not stop,” Cushing Police Officer Carson Watts alleged in an affidavit. She had “a bruised and swollen face, left eye beginning to blacken and a large mark on her forehead with distinct lines,” the affidavit said.

   “She told me that he had kicked her in her face while wearing boots,” the officer alleged in his affidavit.

   Police were unable to find Smith at the residence where Officer Watts was bitten on the leg by a dog believed to be protecting her puppies, the affidavit said.

   When the woman was asked if Smith might have left the house in their car, “she told me that the car was broken down in Tulsa. While searching the house, I did notice different items to be broken and thrown around the house, a broken mirror on the floor in the hallway and blood on the floor and bedspread.

   “I told her that I would be taking pictures of the interior of the house, and she told me that she did not want me taking pictures of the house or her and did not want to talk about the incident any further. She was then taken to the hospital,” the officer alleged in his affidavit.

   At the Cushing hospital, “With my body camera activated, I spoke with her again about what had happened. She showed me the boot prints on her forehead, left eye that was blackening and swollen, bite marks on her left forearm and right bicep area, as well as her scratched up knee.

   “She told me that Kelly believed she was lying to him and hiding pictures from him. She said Kelly demanded to search her phone and laptop, which started the assault. She told me the assault had been ongoing for about four hours before she left the house…She said she had several opportunities to leave but kept hoping that Kelly would stop assaulting her,” the officer alleged in his affidavit.

   “I then asked her if Kelly had choked or strangled her, and she told me that she no longer wanted to talk to me about the incident. I then had my leg examined by hospital staff, which was cleaned, and I was discharged,” the officer alleged in his affidavit.

   Only two months earlier on May 20, 2025, Smith had pleaded guilty to domestic assault and battery by throwing hot food in her face, hitting her in the mouth and kicking her in the neck. Smith was placed on three years’ probation under a deferred sentence after the prosecution dropped a misdemeanor count of methamphetamine possession, court records show.

   About two weeks before that Payne County charge was filed on March 11, 2025, Smith was charged in Tulsa County on Feb. 24, 2025, with domestic violence, but that Tulsa case was dismissed on June 18, 2025, by the state due to the failure of the witness to cooperate, court records show.

   According to court records, Smith had been charged in Mayes County with domestic assault and battery in the presence of minors in 2023, for which he was placed on 18 months of probation under a deferred sentence on Dec. 11, 2023.