Fishertown man accused of sexual assault
Smith currently on probation for soliciting minor for sex in 2024
A Fishertown man on probation for soliciting a minor for sex in 2024 is facing new charges after allegedly sexually assaulting a second victim.
Austin Myron Smith, 71, was arraigned Tuesday by Magisterial District Judge Kevin R. Diehl on felony sexual assault, misdemeanor false imprisonment and related charges. He was remanded to the Bedford County Correctional Facility in lieu of $500,000 bail.
State police at Bedford were contacted about 1:09 a.m. Tuesday about an attempted assault that occurred at a residence along the 170 block of Eichler Road in East Saint Clair Township, Bedford County, according to the affidavit of probable cause.
On scene, a witness told officers that the victim arrived at her residence in her underwear, without shoes and appearing upset.
In speaking with the victim, officers learned the victim called Smith for a ride after her car broke down at the Coen gas station at 6371 Lincoln Highway in Bedford. Smith took the victim back to his residence on Eichler Road, where the victim went to a spare bedroom to lay down. The victim said Smith came into the room and wanted her to take her pants off and put on pajamas. When the victim refused, Smith left the room but returned shortly after and tried to pull her jeans off, the report states.
The victim told officers she was able to flee the bedroom but, when she tried to leave the residence through its back door, Smith blocked her path. While she was eventually able to escape the residence, the victim slipped on wet grass due to not wearing shoes. Smith then pulled the victim’s pants off while she was lying on the ground, the report states.
The victim was ultimately able to get away from Smith and flee to the witness’s residence. She said Smith took her jeans into his house while telling her to “come back, we’re not going to have sex,” according to the affidavit.
In an interview, Smith told officers he wanted the victim to change into pajamas because her jeans were dirty. He said after the victim left, he went to look for her and noticed her shoes, coat and jeans still inside his residence. When asked by police how the victim’s pants came off, Smith said the victim must have taken them off and left them on the porch when she left. Officers told Smith that didn’t make sense, to which Smith said when the victim left, she fell down the steps and he grabbed her pants, causing them to come off. Officers again told Smith that didn’t make sense and reported that Smith’s story continued to change until he admitted to taking the victim’s pants off, the report states.
Officers noted that Smith is currently on probation for a 2024 incident in which he asked a juvenile female to have sex with him or she wouldn’t be able to stay at his residence. When the juvenile victim tried to leave, Smith grabbed her and pushed her against his vehicle before following her back to her residence, according to the affidavit.
Smith is scheduled for a preliminary hearing April 15 in front of Diehl, the police report states.

