Key witness in Fort Myers 5-year-old’s death appears in court

FORT MYERS, Fla.- The key witness in the death of a 5-year-old boy finally appeared in court for an emergency hearing.

Cashae Smith hired a laywer last week, after the SAO issued a warrant for her arrest.

Smith was the only witness to come forward after the death of 5-year-old Andrew Faust Jr. in October 2014. She identified Terrance Irons and Thomas Edison as the suspects. Since then, Smith has not cooperated with the State Attorney’s Office, ignoring multiple subpoenas, and failing to show up at several court hearings.

But Smith showed up with her lawyer Monday afternoon. The defense attorney tells WINK News, Smith has been overwhelmed since coming forward. He says she felt intimidated by people in the community, and was once even physically harmed.

Smith said nothing to our cameras Monday, as she left the courthouse.

Her lawyer added that there are questions about whether she was properly served subpoenas.

“We believe some of the evidence will show that some of the subpoenas were served on other people than herself, one of them her sister. So some of these events she did not have actual knowledge she needed to be at,” said defense attorney Rene Suarez.

The judge chose not to arrest her and dropped the warrant. Smith will have to appear again in court in two weeks on May 26.

If she refuses to cooperate by that time, the judge says she will be arrested.

Now there are some questions about how those subpoenas were served and if they were done the right way.
An investigator from the State Attorney’s office tells WINK News he served Smith four separate subpoenas and actually spoke with her, but says Smith refused to take the documents.
On one service attempt, the investigator says he put the subpoena in front of Smith at the door.

But Smith’s attorney says some of those subpoenas were not even given to Smith.

“We believe some of the evidence will show that some of the subpoenas were served on other people than herself, one of them her sister,” said Rene Suarez.

Even if a subpoena was given to Smith’s sister at a home Smith may still have been legally responsible for it.
Attorney Lance Dunford even says if smith refused to take a subpoena a server can still drop the paperwork at her feet.

“As long as that person they serve it to is a resident of that home, then it is still a good service and that person is of sound mind and not a minor,” said Dunford.

Trust WINK News to continue to follow this story and bring you any updates.