JACKSON, Miss. (WTOK) - The U.S. Attorney's Office in Jackson says convicted sex offender David Aaron Smith-Garcia of Vicksburg is going back to prison to serve six more years.
The 34-year-old Smith-Garcia, also known as David Garland Atwood, II, was sentenced Dec. 21 to serve the additional time for violating the terms of his supervised release.
This was the third time that Smith-Garcia, who legally changed his name in June 2017 through proceedings in the Warren County Chancery Court, has been returned to prison for violating the terms of his supervised release.
Smith-Garcia is a registered sex offender who originally pleaded guilty in 2005 to one count of using the Internet to knowingly persuade, induce and entice a person he believed to be under the age of eighteen years to engage in sexual activity and to one count of wire fraud. He served 63 months in federal prison for his original convictions.
After weeks of hearings and testimony, U.S. District Judge Henry Wingate found Smith-Garcia guilty of seven violations of his supervision, including:
- unlawfully and feloniously using electronic communications for the purpose of threatening, terrifying and harassing a victim in violation of Mississippi law;
- willfully, unlawfully and feloniously exposing another person to the human immunodeficiency virus (HIV) through engaging in unprotected sex on two occasions without notifying the victim that Smith-Garcia is HIV positive, in violation of Mississippi law; and
- leaving the Southern District of Mississippi without the permission of either the Court or the US Probation Office.
The case was prosecuted by Assistant United States Attorney Dave Fulcher.