I can just hear it now, "You used my bandwidth to check your E-mail, you owe $0.43 and a hug!"
At one point in time our neighborhood had almost 100% coverage of wireless. People have moved and WAPs have gone but it was pretty nice, especially since not everyone had the same ISP, so when mine would go down it was pretty easy to still get E-mail
Edit: You know, this really pisses me off now that I think about it a bit more. Smith didn't ever admit to doing anything WRONG with the guy's wireless, and I highly doubt that he can prove that Smith was trafficing kiddy porn or stealing credit card numbers...or even sending death threats. My guess is he was probably just (at most) checking E-mail, reading up on some news, and then would move on. I'm not an advocate for misuse, but if this Dick guy...er, I mean Richard, was so truely worried about his wireless he would've either locked it down himself, or hired someone to come in and do it.
You don't hear the radio stations complaining when someone from out of state comes into town and listens to their broadcast do you? Unless Smith was doing something worthy of a crime the case better be thrown out or we'll have people calling the police everytime someone pulls over to readjust their GPS on the laptop.
Ignorance =/= the right to sue.