Dangerous Sex Offender Leaves Garden Grove

GARDEN GROVE, CA — A formerly convicted sex offender recently released from a Southland mental institution, has returned to Orange County.

Cary Jay Smith, 59 and a former Orange County resident, was released from Coalinga State Hospital one week ago, where he resided for 21 years. He was formerly convicted of sex offense, and openly fantasized about raping and killing children, according to the Orange County District Attorney's Office. Reports say he called himself Mr. RTK (Rape, Torture, Kill). Since his release one week ago, he has sought refuge in the City of Orange, Corona, Lake Elsinore and San Diego. He returned to a Garden Grove motel late Monday, according to police reports.

On Tuesday morning, a group of protesters gathered outside of the Garden Grove motel where Smith was believed to be staying.

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.

Though he does not need to report his whereabouts per a ruling from the governor's office, the Orange County District Attorney's Office, police across the southland, and residents have decried his presence since returning to their communities.

Update - Cary Jay Smith is no longer in #GardenGrove. Local authorities are continuing to monitor him. If he should return to our City, we will post a notice.#GGPD32 pic.twitter.com/hRMWAFEBeX
— Garden Grove Police (@GardenGrovePD) July" class="redactor-linkify-object">https://twitter.com/GardenGrov... 21, 2020

Read: Violent Sex Offender Released To Family In Orange County

Orange County District Attorney Todd Spitzer informed the public one week ago that Smith planned a return to Orange County. He also explained that Gov. Gavin Newsom no longer required Smith to register as a sex offender. However, that reason for Smith's registry removal is not yet clear, according to Spitzer's office.

Multiple questions asked of the governor's office have been left unanswered in this case.

Everywhere Smith goes, protests have followed.

On Tuesday, Garden Grove police promised to maintain surveillance of Smith, after protesters followed him. They informed the public as soon as he left the community, according to Sgt. Carl Whitney.

"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," Whitney reported.

The Garden Grove Police Department says they are "committed to public safety and will continue to monitor Smith (in) collaboration with the OCDA (Orange County District Attorney's Office)."

About 4 p.m. Sunday, the San Diego County Sheriff's Department revealed on Twitter 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."

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 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.

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.

"Mr. Smith is not on any form of supervised release or required to register as a sex offender. Smith can move around without restrictions," Corona police said in a Twitter message.

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.

"... Deputies from the Riverside County Sheriff's Department are currently watching Smith while he is staying at a local hotel to ensure the safety of our community. Smith is not on any form of supervised release, nor is he required to register as a sex offender. Smith is allowed to move around without restrictions. "We will update the community when he leaves the city."

Orange County District Attorney Todd Spitzer and Orange County Board of Supervisors Chairwoman Michelle Steel issued a statement last week regarding Smith. They 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.

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. 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."