High-risk offender out of jail

A convicted high-risk sex offender was released from the Carson City Jail on Tuesday after charges against him for failing to register were dismissed.

Robert Lee Wurgaft, 73, was arrested April 6, when he was found in his van about 4:18 a.m. at a South Carson Street casino. A records check revealed Wurgaft's status as a sex offender and that he was not registered in Carson City although he said he was living in his van, according to the arrest report.

When it was discovered Wurgaft had been released from the Lyon County Jail only 40 hours before his Carson City arrest, the charges were dismissed. Under Nevada law, sex offenders have 48 hours to register a new address, said District Attorney Noel Waters.

Convicted in 1984 of 40 counts of lewd and lascivious acts in Orange County, Calif., Wurgaft was sentenced to 246 months in prison. He was released in the mid 1990s.

According to the Nevada Sex Offender Registry, Wurgaft is categorized as a high-risk sex offender because of his probability to re-offend.

Nevada law establishes three levels of notification, depending upon the risk of recidivism of the sex offender:

Tier one is comprised of those least likely to re-offend while Tier three are those who are believed most likely to re-offend.

Wurgaft owns the Twin No. 2 Mine in Silver City. He is known to drive a 1984 White Ford Van, a 1982 red Datsun pickup and a 1974 white Winnebago motorhome. He is described as 5-feet, 9-inches tall and weighing 130 pounds with hazel eyes and silver hair.

Wurgaft is currently registered with the Lyon County Sheriff's Department.

In a series of phone calls and letters to the Nevada Appeal in November 2004, Wurgaft protested the community notification stating charges against him were dismissed. Accompanying one letter in which he likened the facts in the notification to "innuendoes, lies, distortions, etc.," Wurgaft included a California Superior Court dismissal. The dismissal pertains only to whether he should be under community notification in California and has no bearing on his convictions, said his defense attorney Brian Ducker of the Orange County Public Defender's Office.

It's unclear where Wurgaft went after his release from the Carson City Jail on Tuesday, said Detective Cate Summers.

"He's not being very cooperative. He said he can't afford a place to stay so he's just going to live wherever in his van," she said.

n Contact reporter F.T. Norton at ftnorton@nevadaappeal.com or 881-1213.

Sex offender tier structure

• Tier One level is assigned if the risk of recidivism is low. Notification must be made by the law-enforcement agency in whose jurisdiction the sex offender resides or is a student or worker to law enforcement agencies that are likely to encounter the sex offender.

• Tier Two level is assigned if the risk of recidivism is moderate. Notification must be made by the law enforcement agency in whose jurisdiction the sex offender resides or is a student or worker to law enforcement agencies, schools, and religious and youth organizations that are likely to encounter the sex offender.

• Tier Three level is assigned if the risk of recidivism is high. Notification must be made by the law enforcement agency in whose jurisdiction the sex offender resides or is a student or worker to law enforcement agencies, schools, and religious and youth organizations that are likely to encounter the sex offender. Notification is also to be given to the public through means designed to reach members of the public who are likely to encounter the sex offender.