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In this particular case, it's all as clear as can be to us now. But at the time, note that the intended victim was fooled right up to the time the police started Smith's car, thus blowing Smith's story of "car trouble". To me, that means he had not done anything against his intended victim YET. She is clearly a very lucky woman. So, since he hadn't begun to do anything to her yet, I don't see how they could prosecute him for an attempt to do harm to her.

There is one thing, though. I don't see why the file regarding the charge he DID get--the concealed weapon charge--couldn't have contained an account of this whole incident. That way, anyone who read it would have been able to see the light as to what Smith was working up to.

When a person is out in public, and a stranger asks for assistance, I think the person's approach should always be: "I'll call the police right now for you!" Period. I told my children that when they are old enough to be driving the highways, and they see someone broken down on the side of the road, they should just note the person's location, and call the highway patrol if they want to help the person.