Case index

To Catch a Predator · Harris County investigation

Marvin Harrison Smith II

Also reported as Marvin Harrison Smith, Marcus, Budda

Marvin Harrison Smith II was convicted after the Harris County investigation. The reported sentence required 13 years in prison followed by 12 years of probation.

Photo: To Catch a Predator Wiki

Outcome
Sentenced
Evidence
Attributed reporting
Jurisdiction
Harris County, Georgia
Encounter
Not established
Decoy posed as
Girl5
Case number
Not established

Personal details

Born
1971
Occupation
  • Dental technician
  • Military service member
  • Restaurant manager
  • Clergy member
Marital status
Married
Weight
228 lb.
Hair
Black
Eyes
Brown

Charges & sentence

  1. Criminal attempt to commit child molestation

    Jury trialConvicted Nov 7, 2007

    Convicted1

  2. Criminal attempt to entice a child for indecent purposes

    Jury trialConvicted Nov 7, 2007

    Convicted1

  3. Obstruction

    Jury trialConvicted Nov 7, 2007

    Convicted1

Sentence

13 years in prison followed by 12 years of probation; lifetime registration is separately community reported.

Attributed to the sources below. Consult the original record for full terms.

Case records

Hansen investigationHarris County, Georgia · Sentenced
  1. Criminal attempt to commit child molestation

    Jury trialConvicted Nov 7, 2007

    Convicted1

  2. Criminal attempt to entice a child for indecent purposes

    Jury trialConvicted Nov 7, 2007

    Convicted1

  3. Obstruction

    Jury trialConvicted Nov 7, 2007

    Convicted1

Sentence

13 years in prison followed by 12 years of probation; lifetime registration is separately community reported.71

  • Prison: 13 years1
  • Probation: 12 years1
  • Registration: Life7

Contemporaneous reporting separates thirteen years of incarceration from twelve years of probation; the prior twenty-five-year incarceration component combined the terms incorrectly. The conviction date is not assumed to be the sentencing date. The source inconsistently describes the trial venue, so no court name is inferred.

Sources 71

AppealUnverified

May 25, 2008 report says a motion for new trial was pending and awaiting transcripts. The community account says the challenge was later rejected, but no final order or date has been obtained.

Sources 1

Supervision proceedingUnverified

Community narrative reports an unspecified technical release violation and two months spent in jail. Neither the violation date nor an actual imposed sanction is established. Time spent in custody is not converted into a sentence.

Sources 8

Case narrative

Biography

Marvin Harrison Smith II lived in Berrien County, Georgia. During Smith's younger years, he served as a Dental Technician in the U.S. He was a thirty-five-year-old Baptist Minister and restaurant manager at the time of the sting.

Confrontation

Smith drove two hours to get to the sting house. Smith expressed irritation at not receiving at least a hug when the decoy informed him that she was getting ready when he entered the house. Smith pulls back the curtain to reveal the camera crew as the decoy moves in front of it. He exits the house immediately. Harris County Police ordered him to stop, but he refused. His hands are raised when he eventually stops, and an officer takes him down with a taser, causing him to collapse on the ground. He is then handcuffed and brought to the police station.

The police simultaneously discuss whether they should arrest Phyllis. But, ultimately, the Police agreed she didn’t accompany Smith, and the decision was made not to charge her with a crime. If Phyllis had shown up, she would have been the first female predator caught in the Hansen stings.

Sentence

Smith could accept a plea agreement in which he would have received six years in prison, but he chose to take his case to the jury instead. His case was transferred to Dalton County, and on November 7, 2007, he was convicted and found guilty of criminal attempt to commit child molestation, attempted enticing a child for indecent purposes, and obstructing or hindering law enforcement officers. He was sentenced to 25 years in prison with a minimum of thirteen years to serve, twelve years of probation, and lifetime registration as a sex offender.

Appeal

Smith started working on his appeal as soon as he was found guilty. Smith hired Linnie Darden as a new attorney and filed a motion for a new trial. Darden said that since his arrest, Smith never received fair treatment. He said that Smith's prior attorney handled the case ineffectively and fell short of providing the strongest possible defense for Smith. Darden also attacked Perverted Justice's method of capturing sexual predators, attributing it to entrapment. According to Smith's attorney, there were no actual kids in this case because the decoy was not, in fact, 15 years old.

Most of it, Darden claimed, was "make-believe." Therefore, if the person on the other end is impersonating someone else, accusing them of being the real deal is impossible. Daren claimed that his client was being falsely accused of being a predator despite never having engaged in any form of pedophilic behavior in the past. Darden also concerns whether Smith received a fair trial, given that his trial took place in Dalton County instead of Harris County. He then used the race issue, claiming that there was only one black individual in the jury pool and no black jurors on the panel. One of Darden's closing claims is that Smith was sentenced to a more extended period of incarceration than any of the other individuals who were found guilty due to the sting operation. The other people arrested received sentences ranging from two to six years in prison, with some set to be released early. An appeal was submitted in May 2008 by Smith's father, his mother, and co-workers, but it was quickly rejected.

Aftermath

After nearly six years in custody, Smith was freed on February 2, 2013. He will remain on probation until 2025. After Smith had a technical violation of the conditions of his release, he spent another two months in jail.

Trivia

He lived in the same area as another predator caught in the sting, Jacob Cason . For the YouTube upload by Joey , a low-quality black and white picture purported to be Phyllis was used, revealing her face to the public for the first time. Her last name and whether or not she is still affiliated with Smith remains unknown.

Community-written, from the To Catch a Predator Wiki. Not independently verified, and it does not establish charges or court outcomes.

Marvin Harrison Smith II, To Catch a Predator Wiki contributors; see revision and history links. · CC-BY-SA

Media

Sources

  1. 1To catch a predatorSecondary reporting · Valdosta Daily Times · Published May 25, 2008 · Checked Oct 23, 2026Names Marvin Harrison Smith II, thirty-seven, and the Harris County sting. Reports a November 7, 2007 guilty verdict on attempted child molestation, attempted enticing a child and obstruction, followed by thirteen years in prison and twelve years probation. A new-trial motion was awaiting transcripts in May 2008.
  2. 285: “Imma lose everything I have, Mr. Gary!” on MegaphoneOriginal publisher · Megaphone · Published Sep 5, 2022 · Checked Oct 23, 2026Public episode metadata matches the publisher RSS recording by title, release date and exact enclosure identifier. Reviewed publisher full name including middle names/nickname and case context against the existing profile.
  3. 385: “Imma lose everything I have, Mr. Gary!” on SpotifyOriginal publisher · Spotify · Published Sep 5, 2022 · Checked Oct 23, 2026Public episode metadata matches the publisher RSS recording by title, release date and exact enclosure identifier. Reviewed publisher full name including middle names/nickname and case context against the existing profile.
  4. 4Accused Internet predators on NBC tonightSecondary reporting · WALB · Published Sep 13, 2006 · Updated Sep 18, 2006 · Checked Oct 23, 2026Names Marvin Harrison Smith, age 35, among Harris County sting arrests and describes former Waffle House employment.
  5. 5Marvin Harrison Smith II (community wiki)Community wiki · unverified · To Catch a Predator Wiki contributors · Updated Jul 9, 2026 · Checked Oct 23, 2026Attributed community article. Revision date describes the article update, not a court or sting event. Full infobox, narrative sections, references and assets are retained in the private archive.
  6. 6Marvin Harrison Smith II: occupation informationCommunity wiki · unverified · To Catch a Predator Wiki contributors · Updated Jul 9, 2026 · Checked Oct 23, 2026The profile infobox lists these occupations. Undated roles do not establish current employment.
  7. 8Marvin Harrison Smith II: archived criminal-history narrativeCommunity wiki · unverified · To Catch a Predator Wiki contributors · Checked Oct 23, 2026Aftermath describes the original conviction, a rejected six-year plea proposal and a later technical release violation with two months spent in jail. Its description of a twenty-five-year prison sentence conflicts with the contemporaneous newspaper breakdown.

An on-camera appearance does not establish guilt. Charges, court outcomes, and reported information are kept distinct. Research standards

Record updated Oct 24, 2026 · Version 7 · Suggest a correction