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
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
Sentence
13 years in prison followed by 12 years of probation; lifetime registration is separately community reported.71
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.
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
- 1To catch a predatorNames 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.
- 285: “Imma lose everything I have, Mr. Gary!” on MegaphonePublic 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.
- 385: “Imma lose everything I have, Mr. Gary!” on SpotifyPublic 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.
- 4Accused Internet predators on NBC tonightNames Marvin Harrison Smith, age 35, among Harris County sting arrests and describes former Waffle House employment.
- 5Marvin Harrison Smith II (community wiki)Attributed 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.
- 6Marvin Harrison Smith II: occupation informationThe profile infobox lists these occupations. Undated roles do not establish current employment.
- 7Marvin Harrison Smith II: legal outcome (revision 15885)25 years in prison with a stated minimum of 13 years to serve, 12 years of probation, and lifetime registration.
- 8Marvin Harrison Smith II: archived criminal-history narrativeAftermath 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.