Mistaken for a Sex Offender

June 17, 2008 — -- Richard Bryan Smith first learned that he had the same name and birthdate as a registered sex offender about 10 years ago, when he was pulled over by the police for a traffic violation. But instead of writing a ticket, the cop hauled him off to jail.

The police soon discovered their mistake: This Richard Bryan Smith was not the sex offender they thought he was.

Nine years later, after Smith brought his family from California to Sweet Home, Ore., in hopes of living a better, slower-paced life, the strange coincidence come back to haunt him.

He said his family's life in the town turned sour about eight months ago, and he connected it to one day when he innocently recounted his mistaken arrest to his neighbors, who he'd thought were good friends.

"When we first moved out here, we met our neighbors Ray and Tracy Kelly," Smith said. "We thought, 'Oh, this is great!' They are the same age as us, they have kids, and we thought this was going to be nice. We became pretty good friends and spent quite a bit of time together."

One afternoon, Smith said, the two families were sitting on his back porch while their kids played outside, and he told the Kellys about the time he was mistaken for a sex offender.

According to Smith, Tracy Kelly responded by saying, "Boy, somebody could really screw you over with that information." Smith said that right then, his wife had a bad feeling and told him she did not trust Tracy Kelly.

Smith, however, said he told his wife, "I don't think so Janine -- she's probably joking."

His opinion has changed. He said he believes that the Kellys have been doing everything they can to make the Smiths' lives terrible.

Smith has filed a lawsuit against the Kellys, seeking $150,000, alleging defamation and intentional infliction of emotional distress.

According to Smith, the Kellys spread the word throughout Sweet Home that he was a registered sex offender who was only living in town because he had made a deal with the FBI to put his past behind him.