GUILTY CA - Gavin Smith, 57, Oak Park, 1 May 2012

[Libralove]

The only reason I can figure LE wanted to keep the info from the public is that they were waiting for Creech's court date so they could lock him up in jail.

He already had his court date, didn't he, and IS in jail presently only awaiting sentencing on the 26th. It's just a matter of how many years and if he might want to offer something about GS in order to get a lighter sentence perhaps?

Can we assume that husbands and wives in CA cannot be made to testify against one another, but can offer info against the other in a plea deal?

 

[2rose]

The only reason I can figure LE wanted to keep the info from the public is that they were waiting for Creech's court date so they could lock him up in jail

We know that by 7 May 2012 LE had told the Smith family that Gavin's last cell phone ping was in Sylmar.

He already had his court date, didn't he, and IS in jail presently only awaiting sentencing on the 26th

His last court date was on 21 June 2012.

So I was asking why LE withheld the Sylmar location info from the public between the time of May 7 to Jun 21.

 

[2rose]

The sighting of Gavin occurred at a restaurant called the "Taco Temple" in Morro Bay which is about 200 miles north of where he was last seen. One reason I don't dismiss this sighting immediately is because this restaurant had a surveillance camera. The media asked the restaurant for the tape but did not get access to it. News reports said that this tip had been followed up on so I assume that the police confiscated the tape for examination. The police have not made ANY statement about whether or not Gavin is on the surveillance tape. When a dead body turned up in Angeles National Forest, the police DID specifically state that it was NOT Gavin Smith

For 2 months LE wanted the public to believe Gavin had gone missing in a cliff accident.

Early on when the sister let the Sylmar info slip, it was then claimed her info was erroneous [per previously quoted links here]. Now we realize that denial was a cover story.

The public only found out that the Sylmar info was indeed correct on Sunday 08 July 2012.

Therefore I will no longer trust flimsy LE denials again ...
LE has made it clear that they will withhold info (obviously to protect their investigation) ...
but it means that the public cannot rely on them to tell us the truth.

This websleuths forum relies heavily on LE statements <modsnip>. But now we know that If LE feels it is necessary,
LE will deliberately mislead the public.

To date, LE has NEVER made a clear denial about the Taco sighting
ie: a straight forward "It was not Gavin Smith".

So far LE has only made vague statements about the Taco sighting like "nothing came of it".
They have never said "We viewed the surveillance tape and it was not Gavin Smith".

For that sighting, we have TWO independant eye witnesses
who's statements claim it was Gavin Smith on 7 May 2012 in Morro Bay.
These 2 individuals live in different states (CA & WI), so it is not like they are comparing & adapting stories.
The waitress engaged in conversation with the person she identified as Gavin.
We also have the person alleged to be Gavin on surveillance camera !

Because LE has fooled me once with vague statements, I will now only believe them when they make explicitly clear statements of fact.

 

[JodyMT]

For 2 months LE wanted the public to believe Gavin had gone missing in a cliff accident.

Early on when the sister let the Sylmar info slip, it was then claimed her info was erroneous [per previously quoted links here]. Now we realize that denial was a cover story.

The public only found out that the Sylmar info was indeed correct on Sunday 08 July 2012.

Therefore I will no longer trust flimsy LE denials again ...
LE has made it clear that they will withhold info (obviously to protect their investigation) ...
but it means that the public cannot rely on them to tell us the truth.

This websleuths forum relies heavily on LE statements <modsnip>. But now we know that If LE feels it is necessary,
LE will deliberately mislead the public.

To date, LE has NEVER made a clear denial about the Taco sighting
ie: a straight forward "It was not Gavin Smith".

So far LE has only made vague statements about the Taco sighting like "nothing came of it".
They have never said "We viewed the surveillance tape and it was not Gavin Smith".

For that sighting, we have TWO independant eye witnesses
who's statements claim it was Gavin Smith on 7 May 2012 in Morro Bay.
These 2 individuals live in different states (CA & WI), so it is not like they are comparing & adapting stories.
The waitress engaged in conversation with the person she identified as Gavin.
We also have the person alleged to be Gavin on surveillance camera !

Because LE has fooled me once with vague statements, I will now only believe them when they make explicitly clear statements of fact.

If the police have seen the surveillance tape and think there is a chance it could be Gavin, then surely they have shown it to Lisa to get a positive ID. If she saw it was Gavin, why would she still be handing out flyers?

I don't know, but if I had positive proof my husband wasn't missing, but was instead alive and well having ran off with another woman, I wouldn't be wasting my time handing out flyers. I would be in a divorce attorney's office, followed by a P.I.'s office getting him to track Gavin down so he could be served with divorce papers.

 

[JodyMT]

Here is a link to the news report about handing out flyers today for Gavin Smith on ABCTV Channel 7, Los Angeles.

http://abclocal.go.com/kabc/story?section=news/local/los_angeles&id=8728814

I would love to know if it is true that LE still doesn't suspect foul play? If so, that would mean they didn't find anything in the Creech residence.

I find it strange that Twentieth Century Fox has not put up any money for a reward. Evan said earlier that he and his family put up that reward. That leaves me to believe that Gavin's job didn't contribute.

I wonder if Gavin's job has held his position for him or if they have informed Lisa they have released him?

 

[JodyMT]

Family scours Sylmar for missing 20th Century Fox executive Gavin Smith

By City News Service
Posted: 07/08/2012 04:43:11 PM PDT
Updated: 07/08/2012 05:30:42 PM PDT


Gavin Smith, age 57, 6-foot-6, 210 pounds was last seen in a vehicle similar to this Mercedes-Benz.

SYLMAR - The wife and sons of missing Fox executive Gavin Smith canvassed a large area at the northeast end of the San Fernando Valley Sunday, passing out about 550 flyers.

Lisa Smith said immediate family and friends met about 7 a.m. in the parking lot of the Denny's restaurant in the 12000 block of Encinitas Avenue, fanning out and distributing flyers until about 9:30 a.m.

Smith said they handed out fliers in the area of Encinitas Avenue and Roxford Street. That's the approximate spot where Smith's cellphone last was active on May 1.

"We hit businesses that allowed us to put up signs," Smith said. "We hope we can get some tips. We want tips to be called into the Sheriff's Department."

Smith said it's been 68 days since her husband was reported missing.


http://www.dailynews.com/news/ci_21032775/family-scours-sylmar-missing-20th-century-fox-executive


Both of the highlighted statements are new to me.

I have not read before that the unspecified felony was related to Gavin, only that an unspecified felony may have occurred at the residence. I know it could easily be inferred that the cops were there because of Gavin, but I for one don't believe I have ever seen it in print that it was related to Gavin.

This is also the first time I read that the therapy was for rehab. I have been wondering what kind of therapy they were in together.

 

[2rose]

If the police have seen the surveillance tape and think there is a chance it could be Gavin, then surely they have shown it to Lisa to get a positive ID. If she saw it was Gavin, why would she still be handing out flyers?

I don't know, but if I had positive proof my husband wasn't missing, but was instead alive and well having ran off with another woman, I wouldn't be wasting my time handing out flyers. I would be in a divorce attorney's office, followed by a P.I.'s office getting him to track Gavin down so he could be served with divorce papers.

Since LE has easier access to records for phone, bank, credit card, identification, etc. it should be easier for them to find Gavin than a P.I.

It seems a complicated case. His wife would also consider her children's feelings before proclaiming their father had abandoned them.

Even if Gavin was sighted on May 7, that doesn't proove he has run off with another woman. Gavin's current status is unclear. He may have been alive on May 7 but could have been murdered after that date.

Gavin was involved in something undetermined and his wife needs to clear that up, before she can take any legal action.

 

[2rose]

Last month, a SWAT team and detectives raided a home owned by a reputed drug dealer named John Creech in West Hills

This article got the location wrong ... Creech lives in Canoga Park and it is Smith who lives in West Hills. Given that slip up, it is hard to know if the 2 details you pointed out are accurate or more errors.

 

[Seek&Find]

He already had his court date, didn't he, and IS in jail presently only awaiting sentencing on the 26th. It's just a matter of how many years and if he might want to offer something about GS in order to get a lighter sentence perhaps?

Can we assume that husbands and wives in CA cannot be made to testify against one another, but can offer info against the other in a plea deal?

Yes, he was convicted. Sentencing hearing postponed. Some articles indicate he may have pled no contest on the one charge in Feb. He originally was facing 6 charges. If he wanted to offer info re: GS, he could've done so anytime between the first search warrant served at his home mid-May (or as far back as the day Gavin disappeared) through his sentencing date 6/21. If he had offered info in exchange, why would they throw him in jail pending sentencing? Seems they'd either have worked something out prior to the hearing, or just postponed the hearing, but left him free pending sentencing as he was before 6/21.

I'm still thinking, if he pled on the drug charges, a new felony committed prior to sentencing may negate the plea deal.

 

[Seek&Find]

There is nothing to indicate that "For 2 months LE wanted the public to believe Gavin had gone missing in a cliff accident" as per post above. (Not copying post as it needed mod editing due to WS criticism) In fact, if anything, there's evidence to the contrary.

A large canyon search had been planned, but was cancelled after consultation with LE. If they were pushing an accident theory, they wouldn't have said a thing, and would've let the search proceed.

LE has publically stated:

"This is still a missing persons investigation,&#8221; Dolson said. &#8220;We don&#8217;t have anything indicating there was foul play involved. We are not ruling it out, of course &#8230; everything&#8217;s still on the table.&#8221;

link BBM

Executing two search warrants at Creech's home is not consistent with LE pushing a cliff accident story.

LE has clearly stated the Morro sighting was cleared and not credible. That's been posted several times in this thread and articles. Just because they used police lingo rather than the words someone else might prefer does not change the fact that LE investigated it and eliminated it. LE would not execute two search warrants, at least one of which is sealed suspecting a felony related to Gavin, if any weight was given to the sighting weeks before/if they thought he was just living footloose and fancy free of his own free will.

 

[Seek&Find]

This article got the location wrong ... Creech lives in Canoga Park and it is Smith who lives in West Hills. Given that slip up, it is hard to know if the 2 details you pointed out are accurate or more errors.

You're right. Good catch. It's not accurate. Some of the errors in that article, including the erroneous rehab part, were pointed out previously, and you found another.

. Link

Hope this generates tips.

Saw national MSM/ABC picked this up this evening and restated the Morro sighting LE has already eliminated as not credible, then Daily Mail jumped in quoting them with the same bad/old info. I think they both just added a couple bits to an old story and tossed it out there with no fact checking. It's great this story's getting attention, but the shoddy reporting we keep seeing is shameful. And detrimental for Gavin & his family.

Even the article posted above had errors. That's why I only pulled quotes out. It calls Creech a "reputed" drug dealer. No reputed about it. He's been convicted twice for it. It cites The LA Times as saying Chandrika & Gavin met in "rehab" therapy. The LA Times never said it was rehab therapy. They didn't identify what kind of therapy. It says Creech "remains jailed on other charges." No, he's being held pending his new sentencing court date.

BBM

For those who are new, we can't post full articles. It's a copyright violation & against TOS.

 

[Seek&Find]

I would love to know if it is true that LE still doesn't suspect foul play? If so, that would mean they didn't find anything in the Creech residence.

I find it strange that Twentieth Century Fox has not put up any money for a reward. Evan said earlier that he and his family put up that reward. That leaves me to believe that Gavin's job didn't contribute.

I wonder if Gavin's job has held his position for him or if they have informed Lisa they have released him?

I don't think we've seen many employers post rewards for the missing.

 

[Seek&Find]

Since LE has easier access to records for phone, bank, credit card, identification, etc. it should be easier for them to find Gavin than a P.I.

It seems a complicated case. His wife would also consider her children's feelings before proclaiming their father had abandoned them.

Even if Gavin was sighted on May 7, that doesn't proove he has run off with another woman. Gavin's current status is unclear. He may have been alive on May 7 but could have been murdered after that date.

Gavin was involved in something undetermined and his wife needs to clear that up, before she can take any legal action.

If LE had any evidence that Gavin just ran off, they'd close the case and not expend the resources they are. I agree, JodyMT, that Lisa would not be canvassing for him if she thought he just left. I think she loves him, is concerned for his well-being, and has no interest or reason for legal filings at this point.

 

[Seek&Find]

<snipped>

I have not read before that the unspecified felony was related to Gavin, only that an unspecified felony may have occurred at the residence. I know it could easily be inferred that the cops were there because of Gavin, but I for one don't believe I have ever seen it in print that it was related to Gavin.

SBM

Articles and videos have been linked stating the search @ the Creech home was due to a sealed felony search warrant and LE stating it was related to Gavin's disappearance. And there are posts discussing that. You can use the "search this thread" button or see the media thread for more links. For example:

Authorities have not divulged how the Creeches relate to the Smith case. The cover pages of a sealed search warrant affidavit that referenced the address of the home, signed by a Los Angeles Superior Court judge on May 21, said detectives had probable cause that an unspecified felony had been committed at the residence.

link

And article & video here both show Lt Dolson at the house stating the search is in relation to Gavin.
Link

(Both are previously linked articles/vids.)

 

[Seek&Find]

Sheriff's spokesman Steve Whitmore said detectives have kept in contact with Smith's family &#8212; giving "general directions, advice, information, things like that" &#8212; but said the area canvassed had "no significance" to the investigation.

"There is no new information," he said of the case.

Instead, he said, detectives advised the family on high-visibility areas to post fliers and recommended they start in the north end of the San Fernando Valley before working their way south.

"They certainly are active and we appreciate that," he said of the family's efforts to find Smith.

Link

So, per LE, contrary to some speculation, the Smith family has been active in trying to find Gavin.

Investigators have "no new information" to report...

Also from this link. Hm. Wonder if LE means they have no new info, or that they have no new info to release at this time. I'm thinking the latter.

 

[Seek&Find]

Authorities have not divulged how the Creeches relate to the Smith case. The cover pages of a sealed search warrant affidavit that referenced the address of the home, signed by a Los Angeles Superior Court judge on May 21, said detectives had probable cause that an unspecified felony had been committed at the residence.

Link from above post. Hm. The date just jumped out at me. This warrant was obtained 5/21, executed 6/8.

 

[2rose]

There is nothing to indicate that "For 2 months LE wanted the public to believe Gavin had gone missing in a cliff accident"

My apologies for not being precise ... my point was that since May 7 (at least) LE had clear and convincing evidence that Gavin went missing in Sylmar, yet they did not release that info to the public for 2 months.

If LE had acknowledged the Sylmar info in a timely fashion back in May (instead of July), the public would have been concentrating on the Sylmar area. Of course I understand LE has no obligation to divulge the facts to us.

My personal opinion is that a valuable opportunity was lost to follow FRESH leads in Sylmar. Now we are left with the CURRENT situation which is that Sylmar residents are being asked to recall events that are 2 months old.

I personally don't remember ANY specific vehicles I saw in my neighbourhood 2 months ago ... and I extrapolated that other people wouldn't either. Even if someone might recall seeing a black Mercedes 2 months ago, the likelihood that they would be able to provide an exact date (before or after Gavin went missing) is very slim.

LE has clearly stated the Morro sighting was cleared and not credible

THAT is your personal opinion! My personal opinion is that LE has NOT made a definitive statement about the Taco signting ... in the same manner that they did not make a definitive statement about Gavin's last location.

if they thought he was just living footloose and fancy free of his own free will

The fact that he was sighted on May 7 does not preclude harm having come to him after that date. He has a job of 18 years that he has failed to report to. He has a family that does not understand why he has not been in contact with them. Something dramatic happened in Gavin's life BUT nobody knows what that was.

Recently in their marriage, the wife had:
- no income of her own
- an ailing mother battling cancer
- mortgage payments in arrears.

In order for the Smith family to move forward (with either a divorce or a death benefit claim) the wife needs PROOF of what happened to Gavin. Right now (July 2012) she is in limbo, with no proof of his whereabouts OR proof of his death. She has NO grounds to take any legal action. With Gavin's disappearance, the wife has lost her only souce of income (her husband's paycheck) which supported the entire family ... BUT the mortgage payment is still due every month & will NOT wait. The mortgage lender will only accept immediate cash. If Gavin had insurance, the wife needs a death certificate before they will give her any money. Institutions are not known for being understanding about monies due them ... or waiting indefinitely till Gavin's status is resolved. The wife is undergoing an extremely difficult time right now.

 

[2rose]

Quote: Family members of a missing Fox executive are expected to canvass a large area of Sylmar on Sunday after reportedly receiving new information from investigators. Bobby Kaple reports.

The bolded piece of info would actually be inaccurate since the info about Gavin's last location being in Sylmar is really over 2 months old and thus not new.

 

[Seek&Find]

The bolded piece of info would actually be inaccurate since the info about Gavin's last location being in Sylmar is really over 2 months old and thus not new.

Yes, according to Whitlock, as quoted above, "there is no new information."

It's interesting that twice, that info re: Sylmar & Gavin's cell has been released by Gavin's sister, and twice LE has downplayed it, or at least not confirmed it.

Not sure if it's something LE didn't want released, doesn't want to confirm, or if they're using the family to release some info while LE can still separate themselves from it. We have seen that in other cases here, like Kyron's.

 

[Libralove]

Just now:

http://www.ktla.com/news/landing/ktla-missing-fox-executive,0,7642854.story