Late one evening in the fall of 2009, 21-year-old Nicholas Smith called the cell phone of the 13-year-old girl he had recently befriended on My Space for another one of their flirtatious conversations. The young girl was then a student at Bear Branch Junior High, as was her best friend, Victoria Hargrove, also 13.

The two girls were up late at Hargrove’s Magnolia home when Smith called. He and Hargrove’s friend had been talking on the phone and online for almost four months and Smith was beginning to get antsy to meet.

He finally convinced Hargrove to tell him her address. Smith arrived in the dark street shortly after and the girls snuck out of the house and climbed into the backseat with their older friend.

Hargrove knew what they were doing wasn’t a good idea and likely dangerous. She brought along a kitchen knife “in case anything happened,” and when they got into Smith’s car, she insisted he give her the keys. Smith handed them over.

Still, Smith was able to take advantage of the situation. He kissed the two girls and fondled them under their shirts. Before things progressed any farther, Hargrove and her friend got out of the car and returned back to the house.

For at least the next few months, Smith persisted with meeting again, but the two girls resisted. Hargrove told Smith to “please leave her alone.” The incident went unreported until Hargrove’s friend confided in the school’s counselor about what happened. Finally, the teen’s parents were informed and the police were notified.

Shortly after, Hargrove said she received a text message from Smith.

“Which one of you geniuses called the police?” the message read.

So began a more than two-year process that resulted in Smith’s arrest, prosecution and guilty plea that will require him to register as a Sex Offender for 15 years and be on probation for five.

Both Hargrove and her mother, Lisa, believe Smith should have served jail time. They are just as infuriated with the drawn-out process of evidence-gathering and prosecuting that they say could have allowed a child predator access to countless more potential victims.

The Tribune placed three phone calls to Smith’s attorney, Jarrod Walker of Conroe, for comment on this story and none were returned.

Smith was arrested for the initial contact with the girls six months after it was reported and as part of his bond condition, he was not allowed to access computers or social networking sites, according to Assistant District Attorney and Chief Prosecutor in the Crimes Against Children Division of Children’s Safe Harbor, Nancy Hebert.

However, Smith quickly violated the bond terms when he contacted the girls again via text message and he was placed under house arrest. But Lisa Hargrove believes the house arrest and the six-month wait for Smith’s arrest was too long to wait and was too lenient of a punishment which still allowed him opportunities to contact minors.

“It took forever to arrest him,” Lisa Hargrove said. “We were told it was a process.”

She said her daughter’s “whole life changed while we were waiting for the police to get everything in order.”

Lisa insisted that her daughter not be allowed outside during PE classes at Bear Branch Junior High and that she be escorted to and from the bus. A judge issued a protective order against Smith, he had to stay at least 300 feet away from Hargrove and her friend, but Lisa claims to have names of “at least six” other minors whom Smith allegedly contacted during that time.

As part of the terms of Smith’s house arrest, he was required to be at home between the hours of 10 p.m. and 6 a.m. But in the meantime? Lisa says he could have done anything he wanted.

“He could still go to college, he had access to My Space by changing his name,” Lisa said. “He had restricted computer access on his home computer, but not on computers at campus, or at Internet cafes. He still had access to any junior high girl he wanted.”

By the time Smith’s trial arrived in the 9th District Court in Conroe, the Hargrove’s were torn between two difficult decisions: allow Smith a plea deal or take their chances in a trial during which Hargrove and her friend would likely have to testify.

“I’m in a good place now,” Hargrove said. “I can’t go back there.”

The girls, their families and Hebert decided to allow Smith to plea out. In early February, he plead guilty to two counts of Indecency to a Child. He was sentenced to five years’ probation, during which time he must register as a sex offender. After that 5-year period, he must re-register ever year for the next 10 years, Hebert said, as well as attend sex therapy counseling.

Smith is also precluded from any type of computer or online device “unless it has surveillance equipment that basically tracks everywhere he goes,” Hebert said. “He’ll be monitored very closely.”

According to the Texas Sex Offender online registry, Smith has yet to register as a sex offender.

During the closing phases of the plea hearing, Hargrove and her friend were allowed to read victim impact statements to Smith, who was in the court room.

“Both teared up,” Hebert said. “Both were able to face Nick Smith and say how this affected them.”

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