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November 9, 2009

Sex offender charge draws 10 years probation

Mark Millican

Larry Wayne Smith served 20 years in prison for first degree rape in Alabama but failed to notify law enforcement officials when he moved from Catoosa County to Whitfield County just over a month ago, authorities said.

Smith, 63, of 607 Cuyler St. in Dalton, received 10 years on probation in Whitfield County Superior Court from Judge Cindy Morris for failing to register as a sex offender.

“He was living in Catoosa County, and registered there when he moved from Alabama,” said District Attorney Kermit McManus. “But he moved to Whitfield County without registering, and we heard about it. When you move, you have to tell the sheriff of the county where you’re living that you’re leaving, and you have to tell the sheriff of the county where you’re moving to that you’re coming.”

Smith was arrested in early October in Whitfield County. He committed the rape in 1986. McManus said Morris handed down the probated sentence because she “felt he was not trying to hide” and had kept the same job for a couple of years.

Public defender Melissa Arcila represented Smith but said she did not want to comment on the case since he faces a criminal charge in Catoosa County. A phone number for Smith could not be found.

In indictments handed down by the grand jury:

• Lorenzo Loya, 45, of 120-B McFalls St. in Dalton, was charged in 2008 with his third offense of public indecency and is scheduled to go to trial on Jan. 11.

“The second time (with that charge) is a felony,” said McManus. “He was accused in ‘08 but didn’t show up for court so a bench warrant was issued.”

McManus did not want to publicize the facts of the case, he said. A clerk of court spokeswoman said Loya wanted to plead mentally incompetent at one time but was denied by the court. At the time of his indictment he did not have legal representation. He is still in custody at the county jail.

• Edy Ivan Mares, 24, of 1522 Byron St., Apt. 24, in Dalton, is charged with one count each of child molestation and sexual battery. He is accused of fondling a 13-year-old girl he is related to, and will face arraignment on Nov. 30.

Mares was arrested on Aug. 2 and was released from jail on a $20,000 bond on Aug. 11. A phone number for him could not be found.

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