Eric Smith: Gambling on a Killer | Full Episode | Forensic Files

foreign he was convicted of a monstrous act Eric Smith has served 28 years for the
killing of four-year-old Derrick Roby in 1993. we never forget our boy she was you know a wonderful child and
we miss him terribly [Music] happy birthday to you yeah a lot of people don't know the full
gamma of what we go through and nor should they right I I wouldn't wish this on anyone it's the first time
I've ever let him go anywhere alone and it was one block down the same side of the street
[Music] when you have a family member that has been murdered [Music] every time that inmate is up for parole
you relive I think what happened there are clearly people who make choices which reflect
Pure Evil in my view this heads the list the events of that morning of August 2nd 1993. right
through the woods you gave me a kiss and I said I love you he says I love you Mom
and he went hopping off the sidewalk at some point during the midday I learned that my child was missing in the
village of Savona and consequently a search for Derek began late in the afternoon
the body of Derek Roby was found it was just a brutal brutal killing I've lost my boy
you know we've lost him he's gone her Instinct was to believe the killer was some adult evil person
[Music] and it's another kid what do you think do you find a defendant guilty of murder
in the second degree yes stay at unanimous yes Eric Smith was sentenced to nine years to life in
prison first time before the parole board denied we knew the first one was coming
but then after that we got to do this every two years for them every two years must have felt
like every 10 minutes second time for the panel denied it upsets me the fact that we have to
beg to keep this killer Behind Bars and you foresee the day when you would say I
don't care within that he might or not we'll take this pain to our grave 2006 parole denied 2008 parole denied
you can label me a monster a cold-blooded killer a demon child Satan incarnate 2010 parole denied 2012 denied
I don't care what the name would give me doesn't mean that that's a lion 2014 2016 2018 denied denied denied
I can live in society and function as any other normal individual ooh that last sentence was a chilling
one another normal individual boy is that a reach parole granted Eric Smith who gained
national attention almost three decades ago for killing a four-year-old has been
set free in Savona there's one small grocery store on the Main Street and all I could imagine was Doreen Roby
standing in line at the checkout line and looking behind her and seeing the person who killed her son
[Music] foreign [Music] Eric Smith who at age 13 murdered a child is now free he's out on parole here in Queens New
York Smith insists he's a changed man deserving of Freedom that he has a plan for a fresh start even a fiancee but
others worry Eric Smith is still a flat out threat Dale and Doreen Roby feared this day would come our Story begins
with them then rather cover the case for 48 hours when it first broke Atta girl go let's
go in the summer of 1993 Derrick Roby and his family lived just down the street from this park
it was and still is the social center of the small town of Savona New York [Applause]
so Roby coached t-ball [Music] it was his son Derek's favorite game thank God this one's for you Mommy
good job Derek was all boy all the time you know he was going to get me home around them
he usually did he loved it Derek also attended a recreation program here at the park and Doreen Robin always
watched as her son made the short trip but one August morning Derek's baby brother was crying and Doreen Ruby had
her hands full Dalton was very fussy that morning and Derek says okay Mom I'll I'll go by myself
you know it's no problem the kids are probably going down the street Derek was nearly five and knew the route
very well so Doreen Roby allowed him to walk by himself she packed his lunch and off he went he
gave me a kiss and I said I love you he says I love you Mom so he has a block only a block to go no
streets to cross no it was a dead end Street it's the first time I've ever let him go
anywhere alone a short time later as storm clouds moved in Dory felt something close to panic I
had awful feelings it began to cool and Doreen Robey had an overwhelming sense that something was wrong
and I swear that that was the moment he died you believe that you know I I think that he was letting
me know Derek is very close to us if there was any way he could tell us he was leaving
he would have tried Lorraine raced to the park to pick up Derek she was told that he had never
arrived nearly five hours later Searchers found Derek's body in a small patch of woods
just a few yards from the park and a few hundred yards from his own front door Derek had been choked and beaten to
death with rocks neighbors placed a cross at the scene the biggest thing I remember was
that go ahead when you told your dad that he wouldn't be able to do the things that he did with you
keep Reeling I got Derek's first big fish yay the streets of Savona were empty as
worried parents kept their children inside the immediate assumption was that Derrick roby's killer was a stranger
from out of town that's what Eric Smith's grandfather believed this terrible thing was done I
think everybody including myself that was an adult and how could anybody do such a terrible
terrible thing yeah yeah Eric Smith grew up just across town okay Eric let me see your stuff and
like to spend time with his grandparents red and Edie Wilson he always come in and give us
hugs and kisses hi hi he loved being a Clowney like clowning around he definitely wanted to be paid attention
to him yeah but Eric's bright red hair and freckles made him a Target at school for years and as a teenager he was seen
peddling around town for hours on end alone [Music] why did he do it do it I don't know why he did it I asked
him why he did it his words almost from vagamore I don't know I just saw this kid this blonde kid and I wanted to hurt
him [Music] foreign [Music] it's hard to comprehend somebody doing what Eric Smith did
on August 2nd 1993 the body of Derrick Roby was found in a small patch of wood midway between the park where he was
headed and his home [Music] he chose to end Derrick roby's life and he chose to do it in a way
that was much more than just killing prosecutor John Tunney vividly remembers the crime scene and the brutality of the
murder he could have simply killed there but he chose not to Simply kill Derek directly behind us is the scene where
the homicide occurred Charles wood was lead investigator the evidence showed that Derek was lured
from the sidewalk and strangled the Killer's identity was then still unknown then he discovered and dug up one very
large Rock and one smaller rock and he battered uh Derek with those rocks he went into Derek's lunch bag and he
smashed a banana and took Derek's Kool-Aid and he actually poured that Kool-Aid into the wounds that had been
made by the large rocks and he sodomized Eric with a small stick that he had found
lastly the killer arranged Derek's body the left sneaker had been removed and was lying near Derek's right hand and
his right sneaker had been removed and was laying near Derek's left hand it almost looked like the body had been
posed in that position Eric continued to deal with Derek's body because he wanted to because
he chose to and most frighteningly because he enjoyed it the word enjoy so disturbing in this
context would come up again and again in the course of the investigation the very first time was four days after
the murder when Eric Smith walked into the police command center to see if he could be of help in solving the crime
totally enjoyed it totally enjoyed it didn't want it to end this is John hitch he and other
investigators repeatedly talked with Eric Smith and had no idea the killer was sitting right in front of them I
mean he's looking right at me he's you know he's kind of hunched over a little bit and he's very very upbeat very happy
uh he likes the fact that he's being talked to at first Eric denied seeing Derek Roby
but then he abruptly changed the story she was right across the street from the open field and that's where I saw Derek
and when he saw daddy about knocked me off the chair he's putting them right on top of the
crime scene you just got to walk across an open field and you're at the scene where the
murder was so we asked him well what was he wearing and he went on he said he had a white
T-shirt on and he had this lunch bag in his hand well can you tell me about the lunch bag that he said it was kind of
cool really investigators pushed Eric to pinpoint where he last sawed Eric and that's when he got he started to get
emotional his voice started cracking uh he put his head down and he brings his fist up and his fists were vibrating a
little bit and he goes you think I killed him don't you myself and the other two investigators
are just like wow Eric has to take a break and his father brought him a glass of Kool-Aid
just as we get back into it again about where he'd seen Derek again he grabs a red Kool-Aid and just throws it on the
ground now we all knew that Derek the boy that was killed had red Kool-Aid spilled all
over him you know I'm thinking that you know this kid's seen something that's very very
traumatic and there's a block in there and I can't get around it the next day investigators asked Eric to
get his bike and show them where he was when he saw Derek Robin okay why don't you go up here investigator wood was
there and as you can see from this police videotape Eric looks calm as can be during the reenactment I would have to
say he enjoyed it he was having a good time but it quickly became obvious that Eric
could not have seen all that he described from the distance he claimed to be it was a discrepancy and Eric's
Story red Wilson Eric's grandfather says the family knew Eric was hiding something in no way did we feel
that he had done it we felt it he knew something maybe somebody had threatened him
that's why he wouldn't tell [Music] five days after he was killed Derrick Roby was buried in his baseball uniform
[Music] just two days later his killer confessed I was there my grandson confessed
it was it was terrible family members sat Eric down and begged him to tell what he knew
the truth was more terrible than they ever imagined and he just said what I'm sorry Mom I'm sorry
I killed that little boy still hard to believe [Music] the question is you know to me
why how how could take a life a little more All Rise a year after Eric's confession
the question remains what could possibly compel this child to kill another does he know what he's done does he know it's
wrong a stricken Community is looking to this courtroom for an answer the evidence that you're going to hear in
this case is going to be horrible will the trial of Eric Smith put an end to the mystery that began on August 2nd
1993 the last day of Derrick roby's short life [Music] foreign [Music] County court is now in session The
Honorable battle G purple Jr presiding the trial of the people versus Eric Smith is finally underway
all right this is about that tall you weighed 40 pounds prosecuting attorney John Tunney He Lives four years
and 10 months and that person killed him Eric Smith choked and battered the young life out
of Derek Roby [Music] in New York State murder is the one crime for which a 13 year old can be
tried in adult Court you're a father of five that's correct you must have thought about that must think about it
in the context of trying a 13 year old son of another family yes but you know where I first thought
of it was when I looked at four-year-old Derek Roby the face of every one of my five
children was superimposed on that child's body at the heart of this trial The Haunting
question why did Eric kill the fact is that Eric chose to do something horrible defense attorney
Kevin Bradley says there was no choice Eric Smith suffers from a very serious mental disease
to pick this up and throw this down on a little boy's head does that suggests calm deliberate
action a plan you're going to hear testimony by people that say Eric just seemed like a normal
child and then the rage explodes it does not diminish the fact that he understood
what he was doing Tony says it's murder plain and simple Eric analyzed and chose to do it
to help him with his case Tony will be calling on Derek's parents Dale and Doreen Roby
she has to personalize the tragedy the loss the terror to bring Derek Roby the person into that courtroom
describe Derek um he was my cute little firecracker but bringing Derek Roby into the courtroom
he was my little t-ball player a very good athlete he is not going to be easy how did he get along with interact with
people objection Derek participated in the in the recreation program what was he participating in I'm gonna object
again at this point the judge agrees and Doreen is not permitted to say much at all about Derek mommy kiss I wish I
would have gotten a chance to talk about Derek a little more yeah it really wasn't fair that I didn't get to
tell them what kind of kid he was it's time for the defense to present its case Bradley Begins by calling on two people
who know more about Eric than anyone else his mother Tammy Smith and his stepfather Ted Smith County court is now
reconvened the jury heard that as a toddler Eric threw temper tantrums and banged his head on the floor
he had speech problems was held back in school and relentlessly bullied he would say things like I'm stupid I'm
nobody I'm you know I'm never gonna be anybody that kind of stuff I remember him coming up to me in the kitchen he
was really upset and he was crunching his fists and shaking and told me that he said Dad I need help I feel like I
want to hurt somebody and he said yes I do I want to hurt something at one point he turned and told me that
he he did it I asked him why he just kept saying I don't know I don't know and he cried
defense psychiatrist Dr Stephen Herman diagnosed Eric with intermittent explosive disorder uncontrollable rage
people who have this disorder describe feeling as if they're about to explode after the episodic rage the child may
appear to be quote normal an expert for the prosecution disagreed with Dr Herman's diagnosis it's a rare
disorder uh rarely seen at the age that Eric is and Specialists from both sides subjected Eric to extensive medical
testing they examined brain function hormone levels and found nothing to explain his
violent Behavior because of the sexual nature of his crime the question of whether Eric was
abused was repeatedly raised at trial but repeatedly denied did he indicate to you generally and
consistently that he had not been either physically or sexually abused yes he has
always indicated that however there was testimony that Eric's older sister Stacy
hebner was sexually abused by their stepfather me I'd want to know if he was molested
there had been something bothering him still there was absolutely no evidence that Ted Smith or anyone else sexually
abused Eric are there issues are there problems sure but it does not regularly produce
killers did he know what he was doing did he know when he was strangling Derek that
he was strangling a child and if he knew that what he was doing was wrong that he shouldn't have been
doing it then he can have every psychological psychiatric problem in the world and he's still responsible for what he
did under the law under the law but what does the jury believe thinks they have a verdict
foreign County court is now reconvened so you find a defendant guilty of murder in the second degree yes is that
unanimous yes Eric's parents Ted and Tammy Smith were devastated convinced their child was
sick thank the young man in custody he would be sentenced to the maximum nine years to life in prison
the murdered boy's parents Dale and Doreen Roby cried with relief not knowing that they were being sentenced
too the robies they're serving a life sentence every time that inmate is up for parole
they relive it so it's just a nightmare for them it really felt like it you know at a
certain point why do we have to wasn't the crime enough thank you foreign was there a sense now we can get on with
our lives you hear the nine years to life and I think back then everybody was focusing
on the life side of it Dale and Doreen Roby were relieved that the boy who murdered their beloved Son
was locked away we were still trying to get over our loss then I think we almost got settled in
for a year or two then it hit us what hit them was the harsh reality that Derek's killer would one day be eligible
for release Eric Smith's first parole hearing was in 2002. they could decide that well
now he's done his time and we're going to let him go scares the hell out of me the robies
weren't allowed inside the closed-door hearing so they wrote letters and made Home Videos
to remind the board about their come on Derek run devastating loss it upsets me the fact that we have to beg to keep
this killer Behind Bars Smith's parole was denied but two years later he was back before the board
hi my name is Eric Schmitz you first met me 11 years ago in 2004 Smith was 24 years old
this is a statement he read for our 48 Hours cameras I know my actions have caused a terrible loss in the Robi
family and for that I'm truly sorry I think that Eric's math was incredibly troubled
and I think that he was a dangerous young man Joni Johnston is a clinical forensic psychologist for more than 20
years she's been evaluating inmates who are up for parole when we're looking at a very inexact
science if you will trying to predict whether somebody is dangerous it's like balancing a scale are we willing to take
a risk Johnston has never met Eric Smith but we asked her to look at his case I don't
see Eric Smith at all as a kid who snapped I see him as a kid who escalated from herding animals starting at around
age 11 and who eventually progressed to hurting a child [Music] she also read transcripts of his parole
hearings 2004 was really the most frightening this is somebody who goes into a tremendous amount of detail in terms of
what he did back then John Tunney shared some of what Smith told the parole board
question you convinced him to go to this field what did you do next answer put my
hands around him and strangled him all these years later Eric Smith's words are still chilling when you were doing
that was that something that gave you a good feeling answer at the moment it did yes probably the
most significant and frightening thing is this is the kid where the narrative seems to have been this kind of Rage or
this person's inability to control his anger and yet the emotion he expresses is pleasure or enjoyment question why do
you think that was answer because of instead of me being hurt I was hurting somebody else
growing up I was always picked on disrespected made fun of Eric was tired of being the victim in
his mind and he wanted to see what it felt like to be the victimizer there's a question Mr Smith if you had
not admitted to someone that you had done this do you think it would have been a fair statement to say that you
probably would have done it again answer yes that confirmed Tony's belief that Smith
at 13 was a budding serial killer I was afraid then and frankly as I sit here now I think that Eric Smith may
very well have done it again because it was such a positive experience for him it made him feel good he got a lot out
of it had he not been identified he wouldn't have paid a price the parole board's decision in 2004 was
no surprise but for the robies there was always another hearing looming must have
felt like a weight hanging right over your head yes there's all of these really happy times that are supposed to
happen throughout your life but there's always that we always got a letter about
three or four months prior to that ours always fell around Christmas okay you know here putting the Christmas tree
up and we're reading this letter that here we go again it just made me angry it's understandable that you know they
would never want me to be out in society this is Eric Smith in 2009 just months before his fifth parole
hearing my anger wasn't directed at Derek at all it was directed at all the other guys who used to pick on it
and when I was torturing and killing there that was what I saw on my head Smith almost 30
was interviewed by w-eny TV as he prepared to face the board the only thing that I can say to him is
I'm not the same person he's not a day that goes by in some way shape or form that I'm like
forced to remember what I did I'm automatically thinking I killed Derek and the pain that I caused stay on the
door to me Glory [Music] the problem is how sincere is it versus how contrived or calculated it is I
certainly can't tell as I sit here you can't no for us to have any real hope he has
to be accurate when he says you know I'm different I'm self-aware and I have every reason in the world
to behave it's not a question does he believe it right is it true is it accurate exactly
I did Kill Derek and for that you know I am sorry and there's nothing I can do to
bring them back I mean if I can switch places with them and take the grave for him to live I'd do it in a second
remorse is important for sure Joni Johnston also wants to know if it's the truth but cautions that expressions of
remorse set a parole hearing can be difficult to judge is it genuine remorse let me tell you
there is no psychological test there is no face there is no behavioral indicator of remorse we don't really
know if this remorse is real the parole board in 2010 turned him down again but as the years passed Johnston says
Smith seemed to be changing you're starting to see some compassion from him for other people
so I'm seeing a little bit of Hope from him is Eric Smith growing or is he simply refining his
message I think both certainly parole boards have to always separate that out which is why they're
not just relying on what this inmate is saying in the parole hearing thank the lord they're going to be
looking at all this person's history what is this person done or not done in the two years since he's been here
they're looking at the parole interview as one piece of that puzzle but for the robies Decades of endless
parole hearings have taken a toll it's not fair that we have to keep doing this did you ever lose the energy to keep
going with this I I can't anymore yeah I mean he would say but we're doing it for
him in his memory and I'm like you're right and I know that some people probably
think geez you should just get over this and and move on but any parent that has ever lost a child
knows that you don't ever get over it on October 5th 2021 41 year old Eric Smith went before the parole board for
the 11th time you have somebody who's completed a ton of programs he's got some more
educational goals his risk is low according to risk assessment that have been done
Smith even told them he was engaged he says his fiance was studying to be a lawyer and wrote him asking about the
juvenile justice system over time he says they ended up falling in love Eric Smith at 13 is not the same person
that he is at 31. or at 41. he has changed we all changed you kind of go what else can he do
to prove that he is no longer a danger to society now where the point where it becomes is this about punishment or
about rehabilitation breaking news the Savona man who killed a four-year-old boy in 1993 has been
granted parole Dale was at work when he heard the news he'd been dreading for so
many years and call Doreen we found each other on the porch and gave each other a hug
I have some sympathy for the people who are called upon to make that decision and that's why I have such hope that
they're right at the end of the day still a little bit of a gamble oh no no it's a huge gamble this parole decision
is a high risk Enterprise to be sure thank you foreign do you think Eric Smith has changed go
back to the beginning and review the case at 48hours.com [Music] we are here as a community to stand
together for justice for daring Roby and Dale on Dorian Robie weeks after Eric Smith was granted
parole dozens gathered in Savona to peacefully protest his release they wanted to remember Derek
because all the attention was now on Eric being released so they didn't want people to forget it was
very touching many in Savona feared Smith wanted to move back to live with his mother
I wasn't so much worried about us as I was everybody else I just knew where a lot of the people in town the
village stood yeah we don't want a mirror they better not send him here and the parole board agreed Smith's release
was delayed for months until approved housing was found for him in Queens New York more than 200 miles away from
Savona this is breaking news from news 8. Eric Smith who's been behind bars for nearly three decades is no longer in
prison and then on February 1st 2022 after being locked up for 28 years Eric Smith quietly slipped out of Woodburn
Correctional Facility out of view of cameras a free man I understand why after so
many years they decided to give him a chance and that's fine you know for him and his family
it would begin a new chapter for the robies who had fought for so long to keep Smith in prison
you know he's been released but in a way so have we no more parole I can get on with
Our Lives now the true healing can begin Doreen says part of the healing process
has been letting go of her anger I would rather laugh than cry any day of the week if you let it it's going to eat you
alive the anger yes the robies say they choose not to think about Eric Smith but
instead focus on friends and family especially their son Dalton now 30. you have to find the joy in life
you have to enjoy each other because life is way too short and just live [Music]
August 2nd the day we lost him we always try to go do something fun white ice cream with sprinkles
that's what Derek called vanilla so we try to do a wherever we are we have to go ahead we
have to go find ice cream even though it's sad it's happy you know as for Eric Smith since his release
we've been unable to contact him but in 2009 he told w-eny TV he had big plans for his future I want to you know get
married raise a family you know Paul Donald you know a job pursue the American dream
he also said he wanted to counsel kids who've been bullied just like he had been the question is will Eric Smith be
a success story or somebody that we're pointing to and saying system blew it with that one that's
that's exactly right I keep going back to my hope time will tell back in the summer of 1993 to honor
Derek Roby volunteers including Eric Smith's great-grandfather bulldozed the scene of the crime and put in a new ball
field in memory of the little t-ball plan watch the ball hon thanks foreign [Music]
watching over the field is a statue of Derek it was sculpted by doreen's uncle and funded by people from all over the
country dedicated to be a gentle reminder of what childhood is meant to be Derek J
Roby I love that he's the only person in town that has a statue a lot of people called him the mayor of
Savona because he was busy on the corner pretty well known at four years and 10 months
yes he just he was so much fun he he just was a great kid [Music] a Silicon Valley executive worth
millions kidnapped Char was in the prime of his life very brilliant relaxed but highly motivated he was dabbling in the
Cannabis industry as well he was targeted for a reason how are you too sir what happened 48 hours Saturday on
CBS

When he was 13 years old, he committed an unthinkable crime. 28 years later, Smith is out on parole. What’s next for him? "48 Hours" contributor Jim Axelrod reports. Watch more full episodes of "48 Hours" on Pluto TV.

"I started covering this case in 1993 as a young producer," says "48 Hours" executive producer Judy Tygard. "One child, Eric Smith, had killed another, Derrick Robie. It would be years before any of us had any real understanding of why. I think of Derrick often and I have long admired the strength and grace of his family. I think of Eric, too, and wonder if he’d gotten help could both boys have been saved."

Crime. Social justice. Impact. "48 Hours" investigates the most intriguing crime and justice cases that touch on all areas of the human experience including greed and passion. "48 Hours," which premiered in 1988, has developed a rich history of original reporting and impact journalism that has helped exonerate wrongly convicted people, caused cold cases to be reopened and solved, and along the way changed lives.

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Brief Summary

Eric Smith, convicted of murdering Derrick Roby, was released on parole after 28 years, causing community outrage and emotional turmoil for Derrick's family.

Key points

The Tragic Loss of Derrick Roby. Derrick Roby, a four-year-old boy, was brutally murdered in 1993, leaving his family devastated.
Eric Smith's Parole Hearing. After serving nearly three decades, Eric Smith, who killed Derrick Roby, is granted parole, shocking the community.
The Brutality of the Crime. The details of Derrick Roby's murder reveal a shocking level of violence and premeditation.
The Confession. Eric Smith confessed to the murder of Derrick Roby, revealing the horror of his actions.
Eric Smith's Chilling Admission. Eric Smith admitted to feeling pleasure from his actions as a child, raising concerns about his psyche.
The Weight of Parole Hearings. The Robies describe the emotional toll of repeated parole hearings for Eric Smith.

Episode highlights

Episode quotes

You can label me a monster, a cold-blooded killer, a demon child.

Eric Smith reflecting on how he is perceived after his crime.

3:20WatchJan 28, 2023

Tension

75/ 100High tension

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