A former Agape Boarding School student says he was sexually abused by the school’s longtime doctor at the man’s home, where he and other students often were invited.
The now 14-year-old filed a lawsuit this week against David Smock, a Stockton doctor who treated boys at Agape for many years. He says the abuse occurred when he was a student at Agape three and four years ago.
The suit is the first civil case against Smock, who was charged late last year with more than a dozen counts of child sex crimes. The boy, who was as young as 10 when he alleges the incidents began, also is suing Agape, saying it was negligent in its failure to prevent the abuse.
Filed Monday in Cedar County Circuit Court by the boy’s mother on behalf of her son, the suit alleges child sexual abuse, battery and infliction of emotional distress by Smock.
Identified as D.R.B. in the suit, the boy alleges that while he attended Agape in 2018 and 2019, he was “invited to the home of defendant Smock in Cedar County, Missouri on numerous occasions along with other students also in the care of defendant Agape.”
“While at Defendant Smock’s home defendant Smock touched the genitals of Plaintiff for defendant Smock’s own sexual gratification,” the lawsuit says. “... While at defendant Smock’s home, defendant Smock exposed the genitals of another student and made Plaintiff physically watch this conduct for defendant Smock’s sexual gratification.”
The plaintiff seeks actual damages in excess of $25,000 for each of the five counts, plus expenses incurred “and for such further and additional relief as the Court may deem just and proper.”
The suit alleges that Smock’s “intentional, willful, wanton, and malicious conduct” caused extreme suffering to the former student. That suffering, the lawsuit says, includes emotional and psychological problems, depression, irritability, embarrassment and other emotional issues.
“Plaintiff has and will incur expenses for reasonable and necessary psychological treatment, counseling and therapy,” it says.
The suit also alleges that Agape “knew, or should have known of defendant Smock’s previous conduct and failed to warn, stop or otherwise report the conduct and failed in keeping defendant Smock on the school premises with this knowledge.”
The case is the 24th lawsuit in the past 18 months that names Agape Boarding School as a defendant.
Regarding the lawsuits against Agape that allege abuse by staff members, an attorney representing the school denied the accusations.
“For the past 30 years Agape has provided over 6,000 boys with an opportunity to get their life back on track and toward a bright future,” said attorney John Schultz in a statement provided to The Star. “Along with 24/7 supervision Agape provides accredited academics, vocational training, mentoring, sports and many activities the boys enjoy.
“We are disappointed to learn of the sensational allegations that some of our former boys are making now — for the first time. We have read many specific allegations that we know could not have happened given the 24/7 supervision that extends to the sleeping quarter, shower bays, classroom, dining hall and all outdoor activities.”
Boys are monitored around the clock for their own safety and that of others, Schultz said.
“We intend to file a response to these lawsuits, denying the allegations,” he said, “and look forward to a trial where evidence can be presented to refute these allegations.”
Last September, the Cedar County prosecuting attorney charged five Agape staff members with physically abusing students. Those cases are ongoing.
The Missouri Attorney General’s Office had recommended charging 22 staffers with 65 counts of abuse.
Smock is facing upcoming criminal trials in two southwest Missouri counties — Greene and Cedar — where he is charged with 15 counts of molesting and sexually abusing two boys, one starting at age 11 and the other at 13. All the counts are felonies, and he has pleaded not guilty to each one.
The doctor, 58, who treated students at Agape Boarding School for many years, faces three child sex abuse counts in Greene County and 12 in Cedar County, including statutory sodomy, sexual misconduct, child molestation and enticement of a child. The majority of those counts are related to one alleged victim, identified in court as C.M.
The boy moved into Smock’s home when he was 13 and left at some point when he was 14, court records and testimony show.
The investigation of Smock began in October 2020. The Missouri Department of Social Services’ Children’s Division was notified about a child molestation allegation reported to the Cedar County Sheriff. The case was then investigated by the State Technical Assistance Team, which is under DSS.
Cedar County prosecuting attorney Ty Gaither initially received the case on Smock and reviewed it.
But Gaither told The Star that because “we knew Dr. Smock” and Gaither had been to Smock’s clinic, including to get a flu shot, he thought he should have another prosecutor look at the case. Gaither sent it to Vernon County Prosecuting Attorney Brandi McInroy for review, and she requested assistance from the Missouri Attorney General’s Office.
Smock, who was arrested in Arkansas on Dec. 28, has been held in the Greene County Jail since Jan. 5 and is on a hold without bond for Cedar County, where a hearing is scheduled for next week.
Agape issued a statement Wednesday, reiterating what it said in January, distancing itself from Smock.
“Dr. Smock was not an employee or representative of Agape,” the statement said. “He was a doctor in Stockton that saw some of the boys who had medical needs.”
A key Agape staff member, however, described Smock’s close relationship to the school in a March/April 2020 newsletter. That staffer, Agape’s medical coordinator, said the school is “medically overseen by Dr. David Smock, M.D.”
Smock came to Missouri from Arizona and in 2006 built an 11-bedroom mansion with an indoor pool and gymnasium in rural Cedar County between Stockton and Jerico Springs.
He operated the Stockton Lake Walk-in Clinic, which temporarily closed on Jan. 6 “due to unforeseen circumstances,” according to its Facebook page. A July 19 update said the clinic was permanently closing.
Smock holds active medical licenses in Missouri, Arizona and California. Property records show he also owns a home and runs a medical clinic in Arizona.
This story was originally published August 31, 2022 10:59 AM.
Judy L Thomas
The Kansas City Star
