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COSTA MESA (CNS) - The state Attorney General's Office Friday agreed with Orange County District Attorney Todd Spitzer that Cary Jay Smith, who was recently released from a state mental health hospital and ended up in Costa Mesa, must register as a sex offender.Smith, who is being evaluated at a mental health facility in Costa Mesa after moving around four Southern California counties since his release, could be re-admitted to a mental health hospital, Spitzer told City News Service."They could recommit him or release him," Spitzer said. "But at least now we'll know where he is."That's because the state Attorney General's Office agreed with the analysis done by Spitzer's office that Smith was mistakenly told he no longer had to register as a sex offender. Gov. Gavin Newsom issued an executive order that state prosecutors serve Smith with paperwork demanding he register as a sex offender, Spitzer said."They reviewed the paper we submitted and agreed he has to register," Spitzer said.Smith's court files for a conviction in 1983 had been expunged, but there was still paperwork in another case from the mid-1980s that showed he was convicted of a sex crime that required him to register as a sex offender for the rest of his life, Spitzer said.In the other case, the crime for which he was convicted no longer requires defendants to register as a sex offender, Spitzer said."The bottom line is at a minimum he will now have to register," Spitzer said.According to the letter from Attorney General Xavier Becerra, the Orange County Superior Court "informed" his office that "no criminal records were found relating to this individual."Becerra said his office "diligently" worked to obtain documentation of Smith's criminal history and obtained a record that supports Smith's requirement to register as a sex offender.Smith showed up in Garden Grove on Monday and then moved to Santa Ana, but by Wednesday had moved on to a facility in Costa Mesa. It was his eighth stop since being released from Coalinga State Hospital on July 14.Smith was dogged by protests wherever he landed, which included stays in Orange, Riverside and San Diego counties.Smith spent 21 years at Coalinga State Hospital for openly fantasizing about raping and killing children."In not renewing the commitment, the state hospital determined that Mr. Smith was no longer a danger to others," Smith's attorney, Staycie Sena, said in a statement. "He has received decades of treatment. We must trust the rehabilitative process."Mr. Smith is under constant police surveillance, is cooperating fully with various law enforcement agencies and is working with mental health professionals to ensure the safety of the community."Sena told City News Service in an email that the protesters who have been gathering outside various locations where Smith was staying were endangering public safety themselves."Please understand that by continuing to chase him down, you are contributing to a potential community disaster," Sena said. "He is being monitored closely by law enforcement officials and working closely with mental health professionals."Releasing his whereabouts so that angry crowds appear is not beneficial to anyone and only increases the risk of community harm."Following his release from the state hospital, Smith stayed in Los Angeles for one night before making his way to Orange, where he checked into a halfway home on July 16, said Sgt. Phil McMullin of the Orange Police Department.Spitzer and Orange County Board of Supervisors Chairwoman Michelle Steel issued a statement last week about Smith and sent a letter to 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.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 committing with 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." 5115

COLORADO SPRINGS, Colo. — Fourteen people were injured and at least two animals were killed at the Cheyenne Mountain Zoo when a hailstorm tore through the Colorado Springs area Monday afternoon.Five zoo patrons injured in the storm were transported to the hospital with unknown injuries, according to the Colorado Spring Fire Department. Nine people were treated at the scene. Several kids attending zoo camp were reported to be safe with no injuries.Zoo officials said a vulture and a duck were killed.  "It was hail the size I've never seen before," Jenny Koch, the zoo's marketing director, told The Denver Post. "Basically chunks of ice. ... It's frightening." 697

CYPRESS, Calif. (KGTV) -- A man was tackled in the middle of a Southern California Target store for reportedly taking pictures up women's skirts.According to Cypress Police, officers were notified that the man, later identified as Jorge Ibarra, 29, was taking pictures targeting women wearing skirts.The suspect then fled from the scene after being tackled to the ground by one of the women’s father. Investigators learned that Ibarra committed the same crime at a Target in a different city.RELATED: Staff member at facility for migrant children accused of touching minor, police saySeveral days later, officers found and arrested Ibarra for invasion of privacy. Ibarra is currently being held on ,000 bail. 724

CLEWISTON, Fla., -- Three Clewiston High School football players have been kicked off the team after they were seen in a music video waving fake guns and flashing gang signs. Parents say the kids meant no harm and the consequences are too harsh. “Football is his way out, so taking that away from him really crushes his dream," said LaTwyiaen Carter, mother of Trayquan Williams, a senior football player that was asked to leave after he was seen rapping in the music video. Carter pointed out that Hendry County Deputies also appeared in the video and that the "kids were just having fun." She says at least four officers were around when the kids filmed it, even helping them create it. “They didn’t have to kick them off the team," Carter said. "Suspending them for a game, yes. Kicking them off, no." Carter says her son has dreams of playing football at the University of Florida. She says those dreams could be diminished now.The Hendry County Deputy Superintendent was less sympathetic to the video. “That type of behavior was so egregious and appalling that we cannot tolerate that at Clewiston High School," Robert Egley said. Egley says that even though the video happened off-campus, the video is not the type of student-athlete "role models" Clewiston should have. "Once he’s grown and out of school, he can do whatever he wants to do," Egley said. "Coaches have talked to their students about the dangers and parallels of social media." Egley later said there are no social media policies in the school handbook that pertain to off-campus behavior. Nevertheless, Carter says without football, she worries her son will give up on his dreams altogether. "He’s going to give up, he’s going to feel like nothing matters now… [He said,] 'they act like I killed somebody,' I said yeah, they really do,” she said. Carter says her son has written apology letters to his principal and his teammates and will do anything he can to get back on the team.  2089

COCKEYSVILLE, Md. — A Maryland man is facing more than two dozen criminal charges after stealing a dump truck while drunk and on drugs, fleeing from police, and killing a man during the chase.The incident reportedly began about 2 p.m. Monday when Baltimore City Police contacted Maryland State Police about a stolen dump truck headed northbound on I-83.Troopers eventually located the truck, owned by a roofing company, unoccupied in a Walmart parking lot in Cockeysville, Maryland. Police say they set up surveillance to see who had stolen the tuck. A man, later identified as 26-year-old Zackery Haeger, was later seen getting into the truck, at which time police attempted to stop the vehicle, but he refused. Haeger then proceeded to drive towards troopers who were outside of their vehicles, causing them to have to jump out of the way. Driving erratically at a high rate of speed, he continued to flee, leading troopers on a chase that spanned from York Road through Padonia and Cranbrook Road. He was driving down the median lane on York Road when he hit another car at Padonia Road, causing disabling damage to the car. During the pursuit, the stolen Ford F550 dump truck crossed a double yellow line again and collided with another car, an oncoming Nissan at Rossbrooke Circle. Haeger then bailed out of the car and ran away, where he was captured by troopers.Officials say Haeger was taken to Sinai Hospitals for minor injuries where he gave officers a fake name, but a fingerprint check identified the man as Haeger. Records indicate he does not have a drivers license and is now facing a slew of charges including:  1680

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