LIVINGSTON COUNTY — A man who evaded authorities for over 25 years after being charged with the rape and kidnapping of a Geneseo woman, and who was recently recaptured in Ohio, has been discovered to have been previously employed as a part-time Livingston County Sheriff’s deputy.
Gary Smith, 66, made a court appearance earlier this week in a wheel chair due to being ill. Smith appeared with his lawyer, Public Defender Marcea Clark Tetamore. Livingston County District Attorney Greg McCaffrey stated that the DA intends to offer Smith a plea deal similar to the one he was first offered back in 1983. Smith is now facing additional charges for bail jumping, which will carry a likely sentence of 4 additional years.
According to Undersheriff Jim Szczesniak, Smith was a part-time Deputy for the Livingston County Sheriffs Department under former Sheriff Welch during the 1970’s. Szczesniak stated that Smith was not on road patrol, and worked in the jail and as a dispatcher.
During the court proceedings earlier this week it was revealed that at the time of the original indictment Judge Robert Wiggins was an Assistant District Attorney for the County, while his brother, Ted Wiggins, was the District Attorney. Smith, however, did not request a recusal based on these facts.
Judge Wiggins remarked that due to the severity of defendant’s illness a potential plea offer of any matter will be handled “expeditiously.”
Smith was originally charged with rape and kidnapping in 1984, and fled the area just prior to trial. He was featured on Americas Most Wanted numerous times, and was only captured as a result of his medical needs.
Smith is currently being held in Livingston County Jail.