Convicted Sex Offender Cary Jay Smith Leaves San Diego County

SAN DIEGO COUNTY, CA — Cary Jay Smith, the convicted sex offender recently released from a state psychiatric hospital, has left San Diego County, authorities confirmed Monday.

"It is always our goal to keep our communities safe," the San Diego County Sheriff's Department said on Twitter.

The 59-year-old briefly relocated to the cities of Orange, Corona and Lake Elsinore before staying Sunday at a motel in San Diego's North County, sheriff's officials said.

"Smith is not wanted for any crime. He is not on parole or probation and can move without restrictions," the department said on Twitter. "Do not contact, confront or attempt to apprehend Smith."

On Monday, Smith checked into a motel in Garden Grove, according to the Garden Grove Police Department. Police confirmed Tuesday afternoon that he had left the city. His whereabouts was unknown as of 12:50 p.m. Tuesday.

Smith was released last Tuesday, July 14, from Coalinga State Hospital after spending 21 years there for openly fantasizing about raping and killing children.

Last week, Orange County District Attorney Todd Spitzer and Board of Supervisors Chairwoman Michelle Steel issued a news release 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 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.

.@SDSheriff is monitoring a sex offender released by Coalinga State Hospital two weeks ago to ensure the safety of our communities. 59-year-old Cary Jay Smith is staying at a motel in the North County. He's moved around Orange and Riverside Counties since his release. pic.twitter.com/mtPhzJSrS7
— San Diego Sheriff (@SDSheriff) July 19, 2020

In 2002, prosecutors attempted to charge Smith with sexual assaults on a 13-year-old, but the case was thrown out because of an issue with the statute of limitations, 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.

But 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."'

Spitzer said he has no real connection to the case because it was a civil commitment, but wanted to warn the public about the potential danger.

"It's just really upsetting and aggravating to me that one of the governor's departments released a guy who is such an aberration and outlier and it doesn't advise the public," Spitzer said.

"That's crazy to me. So the only thing I can do under the law is warn people and get his picture out there and build awareness of him, but I can't do much else."

It was the county counsel's office that had the authority to object to Smith's release, but it was apparently not notified this time and the hold on him expired on Saturday, Steel and Spitzer said in their letter to Newsom.

Spitzer said his office has been in touch with the state Attorney General's Office to determine why the sex offender registration requirement was lifted and whether it can be reinstated.

Related coverage:

• Released Pedophile Cary Jay Smith Moves To North County Motel
• Released Pedophile Cary Jay Smith Leaves Lake Elsinore
• Sex Offender Released To Family In Orange County
• Dangerous Sex Offender Now In City Of Orange, Police Say

City News Service and Patch editor Kristina Houck contributed to this report.