Cary Gene Smith Jr.

WARSAW — A Warsaw man who defrauded financial institutions, businesses, and private citizens will be spending the next 12 years at the Indiana Department of Corrections.

Cary G. Smith Jr., 398027 W. 900S, Akron, was sentenced Thursday, April 21, in Kosciusko Superior Court 1, based on his original plea agreement submitted in September 2015. Originally scheduled to be sentenced on Dec. 17, Smith failed to appear and was arrested by police March 17.

“There is a lot of history, a lot of victims, a lot of money and a lot of crime,” said Chief Deputy Prosecuting Attorney Brad Voelz. “Prison is the most effective. If he’s sincere about his rehabilitation, he can come back to work release, earn a pay check from a job and pay restitution.”

Initially Smith was facing 16 charges in four different cases. Through the plea agreement, he pleaded guilty to forgery, a class C felony; fraud on a financial institution, a class C felony; home improvement fraud, a class A misdemeanor; check fraud, a class D felony; two home improvement frauds, class D felonies; and theft, a class D felony.

Judge David Cates sentenced Smith to six years for forgery, six years for fraud on a financial institution, and one year for home improvement fraud, all to be served concurrently in one case. In the second case Cates sentenced Smith to two years for check fraud; in the third case, he received two years for each count of home improvement fraud to be served consecutive; and on the fourth case, he received two years for theft, to be served consecutively to a case out of Wabash County. Smith was also ordered to pay restitution of $25,430.41 to the victims.

While Smith apologized for the pain he caused his victims, he admitted to making a mistake and while his plan snowballed, it was a direct decision of his own. “I apologized for what has happened, to every one. I understand I will do more serious jail time … I’ll do what it takes to make it right for what I’ve done wrong.”

Scott Lennox, attorney for Smith, stated his client had become “caught up in a situation where he was behind the eight-ball, using money from one job to get to the next job. It snowballed. He wants to do the right thing.” Lennox also asked for the availability of sentence modification if Smith shows he is rehabilitated to participate in work release or be on home detention.

The judge agreed.