JACKSONVILLE, Fla. -- The man accused of kidnapping and killing an innocent little girl, could pay the ultimate price for that crime. The state says it will seek the death penalty against registered sex offender, Donald Smith.
His past offenses have many wanting to know why his most recent conviction didn't carry a harsher penalty.
Donald Smith has been a career criminal since 1977, with his first charge of lewd acts on a child. Then in 1993, he was convicted of attempted kidnapping and sentenced to 5-years in prison. After he got out, Smith became a known sex offender. Then in 2009, he tried to lure a little girl by posing as a DCF worker, and pleaded guilty to intent to cause mental harm to a child. That girl's mother wants to know why he wasn't sentenced to do more time.
"Now it's happened to somebody else's child it's not fair he should've been locked up," said Stephanie Thorton.
Action News took these questions to the top and asked State Attorney, Angela Corey if she thought Donald Smith slipped through the cracks. Her answer was no.
"I can assure you that Terrence Martin fought for justice for those particular victims, in the bounds of the law and what could be proven in the court of law," said Corey.
That answer made us question whether the attorney had enough evidence to give Smith the sentence he deserved.
Our response was: "you talk about the bounds of the law, do you think we need to take a second look at the law, maybe make some adjustments. Corey replied "I think we have great laws on the books of the State of Florida when it comes to guns, our 10/20 laws and our sex crimes laws. We can always improve."
Action News has learned Smith's previous cases will be reviewed, and used in his upcoming trial as prosecutors seek to end his violent behavior for good. The Duval Delegation is reportedly looking into the laws, to see if these past cases can help decipher whether they need to be changed at all.