Jessica Smith's Father No-Billed on Abuse Charges

Grand jury finds no probable cause to take case to trial

By Frank Heinz
|  Friday, Mar 2, 2012  |  Updated 12:42 PM CDT
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Girl's Father No-Billed on Abuse Charges

Kimberly Smith, above, has been returned to North Texas.

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A Tarrant County Grand Jury no-billed the father of 11-year-old Jessica Smith Friday morning.

Phillip Monroe Smith, the girl's father, was charged with sexual abuse of a child under 14 last October after the girl made graphic allegations that he assaulted her.

The girl later recanted those allegations,  telling a school counselor that her mother, Kimberly Fields Smith, concocted the story.  That night Jessica's mother assaulted her and then disappeared with her, according to police.

The Fort Worth police, believing Jessica to be in grave danger, issued an Amber Alert for her on Feb. 7. The Amber Alert was eventually elevated to include multiple states and, after six days, the pair were found in a remote part of northern New Mexico.

"Clearly, the mom ran because she forced Jessica to fabricate these allegations and was about to be uncovered -- or had been uncovered,” said Tom Pappas, Smith's attorney, last month.

Phillip and Kimberly Smith are getting divorced and had been involved in a custody fight for the child.

A no-bill means grand jurors did not find probable cause to warrant bringing the case to court for a trial.

Kimberly Smith was extradited back to Texas Sunday evening and met with her defense attorney on Wednesday.  The investigation into Smith, who faces charges of aggravated kidnapping, is ongoing.

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