Marvin Harrison Smith II

“Imma lose everything I have, Mr. Gary!”

^{- Marvin pleading with the investigator to go easy on him.}

Marvin Harrison Smith II
Smith's mugshot
Aliases	swgamaleyess Budda
Affiliation /Occupation	Dental Technician, U.S. Navy (veteran) Restaurant manager (former) Preacher at a Baptist church
Biographical information
Marital status	Married
Date of birth	1971
Physical description
Gender	Male
Height	6'
Weight	228 lbs.
Eye color	Brown
Hair Color	Black

Marvin Harrison Smith II is a predator that was involved in the Fortson, Georgia edition of To Catch a Predator. He is best known for his revolting chatlog, which was ranked at number ten on the "Most Slimy" on Perverted Justice's website, his subsequent jail sentence, and the fact that the bust almost caught the show’s first and only female predator. Smith was also the first predator on the show to get tased by law enforcement.

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. Navy after graduating college, making him a veteran. He was married and had children. He was a thirty-five-year-old Baptist Minister and restaurant manager at the time of the sting.

Chat

On July 15, 2006, using the screen name "swgamaleyes," Smith pretended to be "Marcus," a twenty-three-year-old. Smith struck up a conversation with whom he thought to be "Erin," a fifteen-year-old girl. Smith progressed from inappropriate conversation to aggressive psychological torture over twelve days. He began by enquiring if she ever had a boyfriend. When she answered no, he kept telling her she was too cute not to have a boyfriend. Smith questioned if she had ever dated someone of a similar age and whether she was a virgin, offered her $250 in cash to have sex with him, taught her how to masturbate, and discussed how he wanted her to perform oral sex on him and how he would do the same to her. In a subsequent chat, he slowly admitted he was not twenty-three. He professed to be twenty-six and in a later one, thirty.Then he confessed to dating a sixteen-years-old girl. Afterward. he queried whether she had ever seen a black man's penis. Smith made  her pledge not to notify her parents and worried he might have the police waiting for him and end up in jail.  He queried about her breast size, requested meetings almost every day, brought up the subject of pornography, warned her that having intercourse for the first time would hurt and probably make her bleed, and asked whether she felt comfortable being naked in front of him and had ever been spanked.

According to Smith, he had sex with the sixteen-year-old girl and her fifteen-year-old friend. He claimed to have brought pornography, exposed his genitalia, explained how he had oral sex with the younger girl before having sex with the older girl, causing her to bleed. He also acknowledged making advances at and kissing a fourteen-year-old girl.  Subsequently, he revealed to have had intercourse with a thirteen-year-old girl and her mother and that he was trying to get in touch with another juvenile so they could have a threesome with the decoy. He asserted to be trying to get the thirteen-year-old girl pregnant with the help of a 34-year-old friend. Then he said he had a 43-year-old friend who wanted sex with her and that he was trying to persuade one of the decoy's friend's to move in with them. He gave her pornography, requested for phone sex, and inquired if the decoy would seduce her stepdad or engage in sexual acts with her grandfather. Smith repeatedly lost his temper before inquiring about her menstruation and requesting permission to tattoo "BMP" (Black Man's Pussy) on her genitalia.

And to top it all, he presented them with the case in which Perverted Justice got the closest to apprehending a female predator. He claimed he had an adult girlfriend named "Phyllis" who would be coming for a threesome. The decoy and "Phyllis" then began speaking, with "Phyllis" explaining that Smith would have sex with them and would want them to "play" with one another. She would talk on the phone several times but was later unavailable because she said she had to work on July 26, 2006. Later, Smith claimed to be speaking to a nineteen-year-old woman. He requested that she gather the decoy and bring her to him. Then, claiming that the woman told him her father was a police officer, Smith referred to her by explicit names. The decoy was then sent a link by Smith connecting her to him and the woman. Smith told the woman he didn't want trouble and made up the decoy's age as sixteen. Hours of conversation later, the woman struck up a separate chat with the decoy. The woman pleaded with the decoy not to meet Smith and told her what Smith had been telling her. She expressed concern for the safety of the decoy and claimed Smith informed her that he was breaking federal law.

Confrontation

Smith about to be tazed

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.

Police interrogation and bail

During his police interview, Smith cries and mentions that he is a pastor for the Baptist church as he calls out to the investigator, "Mr. Gary!". He sobs, saying he doesn't want to serve time in prison. Smith explains to "Mr. Gary" that if his wife found out, he would be devastated and lose everything. The interview ends when Smith asks for a lawyer.

Smith appeared before a court the following day, which set his bail at $35,000. Smith was prohibited from having unsupervised contact with minors by the judge. She also mandated that Smith be allowed to see his kids, but only under strict supervision.

Smith talking to the detective, sobbing

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 argued that the prosecution had not established that the messages sent to the decoy were sent by Smith, especially given that the username could not be connected to him. 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.

Reactions

Since Smith was found guilty, his family has been speaking out against his incarceration. His parents, Pastor Marvin H. Smith, Sr., and Minister Earnestine Smith, wrote a letter to several local leaders and government representatives in Berrien County and other state regions, claiming that their son was not a monster and was capable of rehabilitation. Along with the letter, Smith's parents and sister, Michelle Baker, arranged a rally in Alapaha for Smith's supporters. More than 100 people, including family members, friends, and colleagues, attended the rally. Smith's mother claimed that murderers don't receive the same treatment that her son did. As a result of Smith's desire to fight for his release, she alleged, he was punished by receiving the harshest sentence possible while the other men who were caught were given far lighter sentences. She said that while the others were in prison with less hazardous settings, her son was in a maximum security facility with murderers and repeat offenders. Smith's mother clarified that he did not act violently in the online talks. She alleged that the decoy, disregarding Smith's wife, harassed Smith over the phone when he missed a date and left numerous messages on Smith's family phone.

Harris County Sheriff Mike Jolley endorsed the court's judgment that Smith was guilty. He claimed that Smith's appeal surprised him. Jolley stated that the case was strong and that he felt pleased about the decision. The sheriff added that Smith was sentenced to more time than any of the other people caught up in the sting since he was facing an additional charge and his chat logs were more violent. Jolley further reported that an IP address was used to link a computer at Smith's house to the communications delivered to the decoy. Jolley contended that Smith was charged with trying to seduce a child because there weren't any actual children involved in the case. He would have been prosecuted for luring a child if it had been an actual minor. Jolley maintained that they would never employ a genuine minor in that position. Jolley disputed the defense's assertions of entrapment as he concluded. He emphasized that the individuals engaged in this operation were decoys, just like when undercover police agents are used to bust drug dealers. It is a regular and preferred practice in law enforcement, he claimed.

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. While he was behind bars, his wife filed for divorce, but he later remarried. He continues to be involved in church activities and resides in Valdosta, Georgia.

Trivia

• He lived in the same area as another predator caught in the sting, Jacob Cason.
• For years, Phyllis' existence was heavily debated by the TCaP community, although when Morticia obtained most of the unreleased phone calls and lost chat logs, Phyllis' verification audio was included in Smith's file, confirming she was in fact a real person and did communicate with the decoy over the phone. 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.

Gallery

Smith 2022 RSO Photo

Smith 2023 Photo

Smith's 2024 RSO Photo

Notable Quotes

• i am willing to spoil u; 250 dollars; cuz i want you [from chatlog]
• I don't get a chance to get a hug?
• I don't wanna go to pwison...