‘Dangerous’ sex offender released after 20 years in mental hospital, CA officials warn

Orange County officials are warning about a “dangerous” sex offender who has been released from a mental hospital after more than 20 years.

District Attorney Todd Spitzer and Orange County Board of Supervisors Chairwoman Michelle Steel have asked California Gov. Gavin Newsom to intervene in the release of Cary Jay Smith, 59, who was put in a mental hospital in 1992 after his wife said he wanted to perform sex acts on a 7-year-old boy, according to a press release by the Orange County District Attorney’s Office.

Smith was held under the state’s Welfare and Institutions Code after it was determined he has a “demonstrated danger of inflicting substantial physical harm” to children, according to the release. Smith was given a trial every six months to determine if he was still a threat to society.

McClatchy News has reached out to Newsom’s office for comment.

Spitzer and Steel wrote that Smith has testified that he “fantasizes about raping and then killing young boys in order to avoid being identified,” according to the release. Smith said he killed three boys and molested 200 and goes by the name Mr. RTK, standing for “rape, torture, kill,” the release said.

“This sexual predator has repeatedly testified under oath that he will re-offend if he is released and we should believe him,” Spitzer said in the statement. “As a state legislator, I was the author and founder of the State of California Sex Offender Management Board and the author of Megan’s Law on the Internet, which allows the public to see where these sex offenders are so that they can protect themselves and their families.”

Smith was held at Coalinga State Hospital and the hospital didn’t renew the hold, which expired on July 11, meaning he’s been released to Orange County, according to the release. Psychologists have testified that Smith poses an “imminent danger.”

McClatchy News has reached out to Coalinga State Hospital for comment.

Smith pleaded guilty to a misdemeanor sexual offense and registered as a sex offender. The Orange County District Attorney’s Office filed 20 counts of “lewd lascivious act with a minor” against Smith, but they were dismissed due to the statute of limitations, the release said.

This story was originally published July 15, 2020 at 2:22 PM.