What to Know
- Cary Jay Smith pleaded guilty in 1985 to a misdemeanor sex offense against a child, requiring him to register as a sex offender for the rest of his life. However, in 2005, that requirement was lifted for an unknown reason, the OC DA said.
- He was committed to Patton State Hospital in San Bernardino in 1999 on a psychological hold when his wife gave a psychiatrist a letter her husband wrote that described sex acts he fantasized about on a 7-year-old boy in his neighborhood in Costa Mesa, according to prosecutors.
- During hearings he testified that he continues to fantasize about sexually assaulting and killing young boys, prosecutors said.
Garden Grove police said recently released sex offender Cary Jay Smith left that city Tuesday after being met with protests by residents, adding that local authorities "are continuing to monitor him'' and will notify the public if he returns.
Smith has bounced around the Southland for the past week after being met with repeated protests by residents during brief stays in Orange, Riverside and San Diego counties. He checked into a motel in Garden Grove on Monday.
As of 11:30 a.m. Tuesday, Smith was taken to appointments in the area by Orange County mental health officials, who were attempting to find him a place to live, Garden Grove Police Lt. Rich Burillo told City News Service. It was unclear whether he would return to Garden Grove, Burillo said.
Smith's brother stayed behind at the motel, but, "The last I heard the brother said he would check out,'' Burillo said.
The Garden Grove Police Department was notified that Smith checked into the motel and set up a surveillance detail to monitor him, the department said Monday evening. The name and location of the motel were not released.
"Smith is currently not on probation or parole and his requirement to register as a sex offender for life was removed by the state in 2005 for reasons that remain unclear,'' according to a statement Monday night from Garden Grove police.
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Police said the department "is committed to public safety and will continue to monitor Smith (in) collaboration with the OCDA (Orange County District Attorney's Office).''
Smith was released from Coalinga State Hospital last Tuesday after spending 21 years there for openly fantasizing about raping and killing children. He stayed in Los Angeles for one night before making his way to Orange, where he checked into a halfway home on Thursday, said Sgt. Phil McMullin of the Orange Police Department.
On Saturday morning, Corona police said Smith had relocated to a motel in that Riverside County city, where he was being monitored by law enforcement.
At 9:05 p.m. Saturday, Corona police tweeted: "A short time ago Cary decided to leave the City of Corona. Thank you to everyone who engaged with us upon learning he was in our community.''
A few hours later, the Riverside County Sheriff's Lake Elsinore station issued a community alert. "Convicted Sex Offender Cary Smith is CURRENTLY in the city of Lake Elsinore,'' it read.
Smith left Riverside County following protests against him.
"Cary decided to leave the Lake Elsinore area. Thank you to everyone who engaged with us upon learning he was in our community,'' the Riverside County Sheriff's Department's Lake Elsinore Station posted Sunday on Facebook.
A protest against Smith staying in the Lake Elsinore area was planned but called off following the announcement that he had left Lake Elsinore.
Protesters did go to the 31000 block of Casino Drive about 12:30 p.m. Sunday, said Riverside County sheriff's Sgt. Sarah Mack.
At about 4 p.m. Sunday, the San Diego County Sheriff's Department revealed on Twitter that Smith was in their jurisdiction.
"@SDSheriff is monitoring a sex offender released by Coalinga State Hospital ... to ensure the safety of our communities. 59-year-old Cary Jay Smith is staying at a motel in the North County.''
Orange County District Attorney Todd Spitzer and Orange County Board of Supervisors Chairwoman Michelle Steel issued a statement last week about Smith and sent a letter to Gov. Gavin Newsom asking for help researching why Smith was no longer required to register as a sex offender despite a conviction and requirement to do so in 1985.
Newsom's office referred questions to the Department of State Hospitals. Ken August of the Department of State Hospitals said state and federal privacy laws prohibited the department from commenting.
Smith appeared to be "very mild and passive'' when McMullin of the Orange police spoke with him Thursday night.
Smith pleaded guilty in 1985 to a misdemeanor sex offense against a child, requiring him to register as a sex offender for the rest of his life, Spitzer said.
However, in 2005, that requirement was lifted for an unknown reason, Spitzer said.
"We need to look into this and know why he is no longer a lifetime 290,'' Spitzer said, referring to the code in the law that requires sex offenders to register with authorities so they can be tracked.
"We believe he is a lifetime registrant,'' Spitzer said.
Smith was committed to Patton State Hospital in San Bernardino in 1999 on a psychological hold when his wife gave a psychiatrist a letter her husband wrote that described sex acts he fantasized about on a 7-year-old boy in his neighborhood in Costa Mesa, according to prosecutors.
The state kept him locked up in a state hospital under a civil commitment that concluded he was a danger to children, according to prosecutors. Under that law, he had the opportunity to seek release in a trial every six months.
However, during the hearings he testified that he continues to fantasize about sexually assaulting and killing young boys, prosecutors said.
"He calls himself Mr. RTK,'' which stands for Rape, Torture, Kill, Spitzer said. "That's what I think has kept him in. He says, 'If you don't cut off my penis and hands I will molest again.''
