A former high-ranking Kansas Bureau of Investigation official was sentenced Wednesday after pleading guilty to a child sex crime in March.
District Court Judge Cheryl Kingfisher sentenced 58-year-old Kyle Smith to 32 months in prison, but suspended it, meaning no time behind bars.
The former number three person in the KBI will serve 36 months supervised probation and must register as a sex offender for 25 years.
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“This is my own doing. I’m entirely responsible for the consequences in this prosecution and no one to blame but myself,” said Smith.
On March 27th, Smith pleaded guilty to one count of sexual exploitation of a child involving a photograph, which is a felony.
“Mr. Smith doesn’t claim to be a perfect individual. He’s flawed like anyone else, revealing his flaw in open court and with media present. I believe it shows Mr. Smith’s dedication to this treatment program,” said Smith’s attorney, Tom Haney.
Judge Cheryl Kingfisher also ordered Smith to continue the psychiatric treatment he had already started previously.
His employment as a Deputy Director of the KBI ended November 26th.
“There have been bad consequences already. I lost my job, my home, my career, my fiance. I let down a lot of people, including myself,” said Smith, “hopefully, since I have had my very large crash to the bottom, I can wake somebody else up. Pornography is not a victimless crime.” said Smith.
Besides registering as a sex offender, Smith also is prohibited from carrying a firearm.
Additional charges of interference with law enforcement, alleging he tried to destroy evidence on a phone and on a computer were dropped in exchange for his guilty plea.
Former KBI Deputy Director Kyle Smith was sentenced to 36 months probation and will have to register as a sex offender for the next 25 years. Last March, he pleaded to one felony count of sexual exploitation of a child involving a photograph Smith had on his phone and computer.
“This is my own doing,” he said during sentencing. “Nobody to blame but myself.”
He was arrested in February, Smith was accused of possessing a photo of a nude teenage girl under the age of 18 in a sexually explicit pose.
Senior Assistant District Attorney Todd Hiatt previously told 13 News last November Smith accidentally sent an email containing the picture to a KBI secretary, who then notified her supervisors.
Smith was the number 3 man at the KBI. The agency announced Smith was no longer employed on December 9.
The District Attorney’s office and FBI were able to find the image on the KBI server and tie it back to Smith’s Yahoo email account.
Hiatt said there is no evidence Smith knew the girl or took the picture, nor was it connected to his work at the KBI.
The picture was taken to Dr. Steven Crouch, a pediatrician at Stormont-Vail for examination. Based on anatomical characteristics, Crouch advised the KBI that the girl in the picture was significantly under 18 years old.
