Man faces three felony assault charges

A Cloquet man is facing three felony assault charges after allegedly assaulting a woman last week that he was in a relationship with.

Toby Ray Smith, 25, faces charges of first- and second-degree assault as well felony domestic assault for allegedly trying to strangle and then cutting the throat of the woman.

According to the criminal complaint, Smith is known by area law enforcement, and Fond du Lac Police Department officers noticed him walking down a road with a woman on the reservation. He had an active warrant for his arrest, police said, and fled on foot when officers tried to approach him.

Later that day, officers received a call about a stolen ATV, and, when responding, were told there had been an assault on the woman who had been walking with Smith earlier. Officers met with the woman at a nearby home and saw a laceration deep enough to expose her trachea. She told police that she was romantically involved with Smith and he had lashed out at her after the initial incident with police while walking.

The woman said she and Smith were on an ATV on a trail near Jack Pine Road, which is the road Smith lives on, according to court records. She said he had tightened the chin strap on her helmet enough that she was having trouble breathing. She said he was upset and accused her of “snitching” on him, leading to the police interaction earlier in the day. She said Smith repeatedly asked her why she had exposed him to police, and then took out a knife and cut her on the neck. She fought with him and was able to flee into the woods.

Police found the ATV, and observed what seemed to be blood on it. It isn’t clear if the couple were on the stolen ATV. They also found the woman’s broken purse and strap off the ATV trail where she said the assault took place. When Smith was arrested several hours later, he was in possession of a bandana with what appeared to be blood on it.

Smith was arrested at 5 a.m. on Friday, Aug. 23 and was charged Monday in Sixth District Court in Carlton with first-degree assault, second-degree assault with a deadly weapon, and domestic assault by strangulation.

Smith has a lengthy court record in Minnesota and Wisconsin, where he pled guilty to bail jumping after a felony drug charge. This year he was sentenced for trespassing and driving after revocation after a police stop in November of 2023 in Cloquet. At that time, police reported that he had active arrest warrants in Carlton and St. Louis counties.

Bail was set at $100,000 Monday. Smith remained in Carlton County Jail as of Wednesday. He was assigned a public defender.

The first-degree assault charge carries a maximum sentence of 20 years. The sentence is 10 years for second-degree, and the domestic assault charge maximum is three years. All are felony offenses. Smith’s next court appearance is Tuesday, Sept. 3.