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Eric M. Smith, a 42-year-old man who had been in prison since he was 13 for killing a 4-year-old, was released on parole Tuesday, but will not be returning to the New York community residents said he "traumatized" 28 years ago.
In 1993, Smith confessed to luring Derrick Robie into a forest in their New York village of Savona, beating him in the head with a rock and sexually abusing him. The case caught national attention, but impacted their community even more, with Smith's sister Holly Soles telling Spectrum NY1 Smith was denied a request to return to their mother's home in Savona.
Smith began serving his sentence in 1994 after he was tried as an adult and convicted of second-degree murder after confessing to his family he committed the crime. Rochester's Democrat and Chronicle reported.
Following an October 6, 2021 parole hearing – his 11th since he became eligible – the state's parole board approved his release, Rochester's Democrat and Chronicle newspaper reported. Though his release was originally planned for November, it was delayed until Smith could get the address where he will live approved.
According to WPIX-TV, Smith said in his last parole hearing he planned to live with his mother Tammy Smith until he can move in with his fiancée. However, Soles told Spectrum NY1 while one of the addresses Smith submitted to the Department of Corrections was his mother's, the agency did not approve the request.
Soles told NY1 she believes it was denied "for everyone's safety and knowing that it would [have a huge effect on] everyone that was affected by it."
Savona is a small community – World Population Review reported its population at just 762 – that largely remembers the crime, and Robie's family still lives there, according to WPIX. Instead, Smith will be in Queens County, New York, where he will be under supervision.
According to WETM-TV, a local Facebook group called Justice for the Robie's [sic] recently organized a candlelight walk through Savona in support of the family.
Dale and Doreen Robie, Derrick's parents, have opposed Smith's parole every time he had a hearing and even have called for limiting parole hearings for felony offenders to every five years instead of every two years, the Democrat and Chronicle report said.
While Soles told NY1 her "heart breaks for the Robies" and she "can't imagine what they're going through," she also said she feels "people do deserve a second chance."
Steuben County District Attorney Brooks Baker, who worked on the original 1993 case, expressed his discontent with Smith's release, telling WETM the Savona community has been "traumatized" and "the idea he's being released is still difficult for most of us to stomach."
In a statement sent to Newsweek, the New York Department of Corrections and Community Supervision said when making parole decisions, the board must follow "statutory requirements" and take several factors into consideration.
"[These factors include] statements made by victims and victims' families, if any, as well as an individual's criminal history, institutional accomplishments, potential to successfully reintegrate into the community, and perceived risk to public safety," it wrote, adding that it also takes recommendations from the district attorney, defense attorney and sentencing court.
It was unclear which of these factors specifically contributed to the board's decision in Smith's case.
The Steuben County Corrections Division did not immediately respond to Newsweek's request for comment.
