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Man sentenced to 113 years

By Jon Johnson
Assistant Editor
Published on Monday, November 16, 2009 6:12 PM MST

Eric Smith, 42, of Safford received essentially a life sentence Friday when he was given a 113-year prison term for molestation of a child.

After a three-day trial, a 12-person jury found Smith guilty Oct. 9 of five counts of sexual conduct with a minor under the age of 15 and two counts of molestation of a child. Each count is listed as a class-2 felony and a dangerous crime against children in the first degree. The charges are for acts Smith committed between Jan. 1, 2001, and June 8, 2006.

Smith was arrested in February and posted a cash bond in March. He was taken back into custody and his bond exonerated after he was found guilty.

After previously reviewing letters of support for Smith from friends, family and his fiancé, Gila County Superior Court Judge Robert Duber II listened to arguments from both attorneys and those speaking on behalf of the victim and suspect before giving his sentence. The victim's father and grandmother addressed the court as well as several family members and friends of the accused.

Deputy County Attorney C. Alan Perkins was the prosecutor for the state, and Smith was represented by Ulises A. Ferragut of Phoenix.

Judge Duber found mitigating circumstances that lowered the amount of time sentenced. Because Smith was formerly an Arizona Department of Corrections employee, Duber ruled there is substantial reason to believe his incarceration will be more difficult to serve than others similarly situated. Duber also ruled a significant loss of relationship between Smith and his mother to be a mitigating factor.

Duber sentenced Smith to serve 17 years for each of the five counts of sexual conduct with a minor and 14 years for each of the two counts of molestation of a child. Duber ordered Smith serve each count consecutively but gave him credit for 65 days served on each count. That means he will have to serve nearly 112 years before he could be released.

Smith's attorney, Ferragut, filed an appeal prior to the sentencing and requested copies of the trial's transcript be provided at the county's expense because his client is unemployed, incarcerated and indigent. Judge Duber found Smith to be indigent and granted the request.

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Comments

28 comment(s)

Unbelievable wrote on Nov 25, 2009 8:56 PM:

" This is to amazed.....are you kidding me? "Maybe something new will come out at the appeal" you say? What possibly "new" thing could come out to justify an adult molesting a child....NOTHING. She was a child, he was the trusting adult who took advantage of that. You say you feel sorry for his family and his fiance? What about the victim? You say nothing about the child. The child's life will never be the same. I am sure if this was your child, you would be the first on the "hate bandwagon". Very sure of that. "

Molestation wrote on Nov 24, 2009 8:18 AM:

" I have seen some of these girls that are under 15 and can understand a man that is mixed up having sex with them, but to molest a child. That really takes a warped mind to do that in my opinion. However we would be really surprised if we knew how many children are molested by family members every day here in our valley. That does not justify the molestation, I know.
What would make a man or woman molest a child? "

amazed wrote on Nov 23, 2009 10:10 PM:

" I am amazed at how quickly people get on the hate bandwagon. You don;t know this man, you weren't at the trial. You don't know anything about him, yet you are all shouting, crucify him, crucify him. Maybe something new will come out on the appeal. I feel sorry for his family and his fiance. There are no winners here. "

To courtroom watcher wrote on Nov 23, 2009 8:14 AM:

" 2 points. First Judge Duber was not the judge in the Parmeter case, that was Judge Cahill, also from Gila County. Second, the diifference in the Smith and Blake sentences is that Blake accepted a plea agreement that limited his prison time to ten years, whereas Smith went to trial and lost "

Court room watcher wrote on Nov 22, 2009 6:57 PM:

" Before you all jump on the Judge Duber wagon, you should realize he is also the judge who sentenced Parmeter to serve six months in jail with work release for his two year affair that started when the girl was 16. Face it, its not the judge, its the law. If the girl is under 15, the offender is screwed. That's why Blake got 10 years and this sicko got 113 for his crimes against a little girl. "

WOW IN GRAHAM COUNTY wrote on Nov 22, 2009 3:11 PM:

" WOW GRAHAM COUNTY finally brought another JUDGE that did his job.Good job judge Duber from GILA COUNTY.Thats is what graham county needs or judges that put away the bad people away for good or for a very long time.I hope to hear and see this judge Duber in graham county again puting them bad people away. Murderers,Child molesters,Drug dealers. "

SW-N wrote on Nov 22, 2009 8:54 AM:

" Lock em up and throw away the key! WOW! This is great news.... although the alternative must have not been an option. FRY HIM in the ELECTRIC CHAIR. Glad to see that every once in awhile a filthy child molester gets what he deserves! May you rot away slowly and pay for not only what you did here on earth in the everlasting life! "

wrote on Nov 22, 2009 1:57 AM:

" why are u guys getting all mad at the fiance? why don't you guys go get a life "

Justice fiinally wrote on Nov 19, 2009 2:54 PM:

" Molesters are manipulators and not only to their victime but to everyone in the household. Thank God we finally got a Judge that knows how to hand out a deserving sentence. I hope this will lead to other Judges following suit. They get out and do it again and never stop. Too many children are being punished by the hands of these animals. I hope this sends a warning to all molesters that we as a society will NOT tolerate this action. And to the fiance get a life lady and thank your lucky stars your kids were not victims- "

EA Poe wrote on Nov 19, 2009 10:54 AM:

" I am glad that this convicted child molester is going to jail for a long time. What disappoints me is our legal system. Case in point is the Lake Tapps, Washington man who was just convicted of child molestation as well. The article I read said the man received the maximum sentence of 25 years in prison! He molested 17, yes seventeen, boys as young as ten years old. This monster also videotaped his atrocious acts. Now, how is that he gets a 25 year sentence, while the monster in this article gets 113 years? "

Whoot whoot wrote on Nov 19, 2009 9:46 AM:

" When someone is given a death sentence the court will file appeal after appeal, (even if the person wants to die)which cost way more money in legal fees then keeping them in prison for the rest of their life. A few years ago I would have thought this was insane but given the number of people released from prison over the last 10 years due to dna evidence I see this now as a good thing. "

Actually wrote on Nov 19, 2009 8:41 AM:

" You wonder wrong. Due to a little thing called your civil rights, executing a person actually costs more than a sentence of life in prison. Why not put this guy to a life of hard labor instead of wasting money trying to execute him. Wouldn't that be a better solution. Even for those who believe an eye for an eye type of stuff, killing is not the answer in this situation. "

I wonder wrote on Nov 19, 2009 8:27 AM:

" I wonder why my taxes have to go to pay for meals, health care, housing and etc.for scum like this when we know 113 years means no parole, so why not a $5 lethal shot and end his misery and save the state lots of money. What is the estimated cost to house one inmate? $25,000 per year. Do the math folks. "

concerned wrote on Nov 18, 2009 4:19 PM:

" Why assume that family members are the only people who would think an
injustice was commited. A person is supposed to be sentenced for something he did and not for all crimes commited against all children. These comments are sad and vendictive. statics show that there are many people in jail who have been wrongfully convicted. "

finally wrote on Nov 18, 2009 4:11 PM:

" Finally someone has stepped up to the plate and given out a proper sentence in the case of a child molester. All child molesters have some big excuse for their actions. It was their mothers fault or they didn't get enough love and attention etc,etc... It boils down to one thing, they are all perverted sexual predators who have no control over their perversion. There is no excuse, and they will always re offend. Thank goodness no other children will be harmed by this man... "

Concerned Mother of two wrote on Nov 18, 2009 4:01 PM:

" I only hope this is a start down the right path for justice for our children. All people who hurt children I fell should burn in H@#%. My Ex-Husband is wanted for molesting his step child from his last marrage he never touched my two thank god but what about the ones he did. I am for letting them all sit in the genral population so they can get whats coming to them who cares hes an ex DOC so is my ex let the other inmates do to them what they did to our kids. AMEN "

disgusted too wrote on Nov 18, 2009 3:32 PM:

" In reading the comments and being a child that was molested as well. The abuser will stop when the child either gets older or someone else in the household knows about it. Only 5 times...well I'm familar with the story and the family. The other adult living with the abuser KNEW about it and chose to turn a blind eye!! Ask yourselves this "Why did it take SO long to bring charges against the perpatrator?" This story disgust me to the core!!! They should both be sitting in the same cell!!!! "

openminded wrote on Nov 18, 2009 12:37 PM:

" Being a victim of child molestation myself, they do not stop. Take off your blinders and ask yourself, "Does a man just molest a ten year old and stop when she is fourteen?" If he had a chance to continue to hurt a child he would. Men like that do not stop! So this man supposedly only hurt this child five times? Why not more? Because the opportunity wasn't there? Why only her? Do some homework people. They do not only hurt one child anyone in their immediate grasp gets hurt! "

My Opinion wrote on Nov 18, 2009 11:42 AM:

" Looks like his family still has their blinders on. I'm glad this man will never be released to harm another child. "

ydk wrote on Nov 18, 2009 11:10 AM:

" Agree with disgusted. People are quick to judge without knowing all the facts. "

digusted wrote on Nov 17, 2009 10:07 PM:

" Purely disgusted with our court systems.... "

V wrote on Nov 17, 2009 4:28 PM:

" I say let him do his sentence in General Population "

David wrote on Nov 17, 2009 4:10 PM:

" Maybe these child rapist's will take notice of these sentences. Any body who commits a crime like this to a child deserves to be put behind bars. Maybe this will make these sick minded people think about what they are about to do. "

OMG wrote on Nov 17, 2009 2:09 PM:

" Fiance? What the heck is wrong with you? "

Justice is Served wrote on Nov 17, 2009 2:06 PM:

" To the Jury, Thank you for removing this sick, pathetic man from our community. To Mr. Perkins and Judge Duber, Thank you for letting future molesters know what they can expect, and to his fiance.....are you kidding me? Gross!!!! You only know what he wanted you to know. Look up child molester in the dictionary and Eric's picture will be there. "

Amen to that wrote on Nov 17, 2009 1:18 PM:

" Totally agree Whoot Whoot! "

1loco wrote on Nov 17, 2009 1:02 PM:

" Good job judge these other scum bags might get the point. This judge deserve's a round of applause he has handed down justice to these poor children who will suffer the rest of there live's. Good job to you to County Attorney C.Alan Perkins. God Bless "

Whoot Whoot wrote on Nov 17, 2009 6:14 AM:

" I wish all people commiting crimes against children were given this kind of sentence. "

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