Prosecutors: Woman accused of taking off with 4-year-old previously drove under the influence with her

OAK CREEK — Formal charges have been filed against a woman accused of taking her four-year-old granddaughter and going on the run for days.

Kelly Smith

43-year-old Kelly Smith of West Allis faces one count of interfering with custody/beyond visitation, one count of possession of THC, second and subsequent offense and misdemeanor bail jumping.

According to a criminal complaint, on November 22nd, a man (Smith’s estranged husband) reported to police that his adopted daughter, Kirsten Smith, was missing. She’d been with Smith for a supervised visit on November 21st, and the man said he hadn’t seen her since. The girl’s adopted father said he has sole legal custody and primary placement of the child.

An investigation led police to the Villa Vista Hotel on S. 20th St. near Drexel in Oak Creek, where they found Smith and the 4-year-old girl.  A suspected marijuana blunt was also found in the room, according to the complaint. It tested positive for the presence of THC.

The complaint indicates during the time Smith allegedly had the girl, she had people buy her a new cellphone, give her rides and rent her hotel room for her. She turned off her known cellphone, investigators say, and according to police, she was notified by others that investigators were looking for her.

Kelly Smith, Kirsten Smith

Kelly Smith

Police also learned the individual who was supposed to be supervising Smith’s visits with the child hadn’t been supervising the visits as she was supposed to — and that Smith had planned on taking the girl.

The complaint makes reference to a 2016 conviction for OWI, first offense, with a passenger under the age of 16, and misdemeanor bail jumping. Additionally, in 2000, she was convicted of possession with intent to deliver THC.

Kirsten and Larry Smith

Kirsten Smith

Kirsten Smith

At the time she allegedly took the girl, Smith was out on bond in a case filed out of Waukesha County in which she’s accused of possession of THC, second offense and OWI, second offense with a passenger under the age of 16.

Officials noted in the complaint the passenger in the vehicle during both of Smith’s prior alleged OWI incidents was Kirsten Smith.

Smith is being held on a $3,500 bail. She’ll next be in court for a preliminary hearing on December 8th.