Former Navy Chaplain Lt. Shane Dillman was sentenced to 10 years in prison and discharge from the Navy for taking sexual advantage of young Navy sailors he was supposed to be ministering to. The sentence, handed down yesterday by Capt. Moira Modzelewski, must be affirmed by the commander of Naval Air Force Atlantic Rear Adm. Richard O'Hanlon.
Dillman admitted to multiple affairs with women but pleaded not guilty to rape, fraternization, and making a threat. After a 4 day trial, only the making a threat charge led to a not guilty verdict.
Dillman, a married father of three, was a Pentecostal minister endorsed by the Coalition of Spirit-Filled Churches. He has been on administrative duty since the charges were filed.
Charles Gittins, his civilian lawyer, said before sentencing that Dillman, 37, had been affected by ministering to more than 800 injured Marines while stationed at Bethesda Naval Medical Center.
A defense witness, psychologist Don Lewittes, said Dillman likely suffered from "vicarious traumatization," and began feeling dead inside. The sex was a means of trying to feel alive, Lewittes theorized.
When Dillman spoke at his sentencing hearing, he apoligozed to his family, the Navy, and God, saing that it was an honor to have served as a chaplain for a dozen years.
Lt. j.g. Bill Geraty said that the a sentenced in Dillman's statement, "I'm sorry the circumstances have taken ministry opportunities away from me," showed that the defendant showed a lack of remorse and a focus on his own losses, not the impact of the crime on the victims. Geraty also explained that the pattern of friendship leading to sexual involvement was "not a case of 'Whoops, I stepped over the line.'
"This was calculated...When Marines and sailors go to a chaplain for solace," he said, "they do not expect to enter the wolf's lair."
Wednesday, June 3, 2009
Monday, June 1, 2009
Suburban Brisbane woman jailed for stabbing "partner"
Lover jailed over bisexual stab row
Amelia Bentley [Brisbane Times]
June 1, 2009 - 3:30PM
A Brisbane mother-of-three has been jailed after a jury found her guilty of stabbing her lesbian lover in the eye with a kitchen knife.
Amanda Lee Bentley, 35, of Kallangur, was jailed for three years after being found guilty of grievous bodily harm and unlawful wounding of her then-partner Rachel Sparrow.
Bentley will be released on a suspended sentence after she serves 18 months behind bars.
During a trial in Brisbane District Court last week, the jury was told Bentley stabbed Ms Sparrow in the right eye and then twice in the back of the neck and the shoulder during an argument at Bentley's home in February last year.
The couple and Bentley's children had been celebrating Ms Sparrow's son's birthday when she and Bentley decided to drive to a bottle shop to get more beer.
When they returned, an argument broke out about Ms Sparrow's driving and Ms Sparrow called Bentley "a fucking slut" because she was upset Bentley was also having a relationship with a man while she was intimate with her.
Bentley then grabbed a knife from a knife block and came at her, stabbing her in the right eye.
Ms Sparrow said she cowered over a kitchen sink and was stabbed a further three times before she called her son and ran out of the house.
Eye surgery was performed but Ms Sparrow said she still experiences occasional blurred vision in her right eye. Two other wounds she received required sutures and one wound healed on its own.
Amelia Bentley [Brisbane Times]
June 1, 2009 - 3:30PM
A Brisbane mother-of-three has been jailed after a jury found her guilty of stabbing her lesbian lover in the eye with a kitchen knife.
Amanda Lee Bentley, 35, of Kallangur, was jailed for three years after being found guilty of grievous bodily harm and unlawful wounding of her then-partner Rachel Sparrow.
Bentley will be released on a suspended sentence after she serves 18 months behind bars.
During a trial in Brisbane District Court last week, the jury was told Bentley stabbed Ms Sparrow in the right eye and then twice in the back of the neck and the shoulder during an argument at Bentley's home in February last year.
The couple and Bentley's children had been celebrating Ms Sparrow's son's birthday when she and Bentley decided to drive to a bottle shop to get more beer.
When they returned, an argument broke out about Ms Sparrow's driving and Ms Sparrow called Bentley "a fucking slut" because she was upset Bentley was also having a relationship with a man while she was intimate with her.
Bentley then grabbed a knife from a knife block and came at her, stabbing her in the right eye.
Ms Sparrow said she cowered over a kitchen sink and was stabbed a further three times before she called her son and ran out of the house.
Eye surgery was performed but Ms Sparrow said she still experiences occasional blurred vision in her right eye. Two other wounds she received required sutures and one wound healed on its own.
Sunday, May 31, 2009
Berea, KY man sentenced to 31 years in prison for rape, attack on estranged wife
On May 28, Jessie Brian Conner, 29, of Berea, KY, was sentenced to 31 years in prison for the rape and assault on his then estranged wife. After the verdict, police officers and detectives ejected Conner from the courtroom after he said "I hope you're happy" to the prosecutors and victim.
The rape occured last October 30, after the victim got off of work and took their daughter to kindergarten. Conner was hiding in the victim's home and suprised her in a closet. The perp listened as the victim called her brother, then his roommate. He checked the cell phone numbers, convinced that she was having sex with other men. Then the violence began.
He hit her behind the left ear and batted her head with his hands as if it were a basketball, she said, and then hit her with the butt of a .22 caliber rifle he had brought to the house.“He hit me on the head until the gun broke,” she said.When the stock separated from the rifle, she said he yelled, “You stupid bitch, you made me break my fucking gun on your fucking head.”
After the physical assault, Conner had his victim take off her clothes, when he raped her vaginally and anally. He also thretened a murder-suicide if she screamed, saying “One shot and you’re dead. Two shots and I’m dead.”
Then Conner fired bullets past his victim which landed in their daughter's bedroom, bulletts which passed through a pillow before lodging in the wall. After he did this, he tied the victim up to their daughter's bed, where he raped her again. “He said he was going to tie me up, so he could get away.”
Under questioning by [defense attorney Eric] Ashley, Conner’s ex-wife said their earlier sex life had included anal intercourse but never bondage.The blows to her head caused severe pain, dizziness and nausea, she testified.
“I was still screaming, begging him to leave,” she said. “He threatened to tape my mouth with duct tape so I couldn’t scream.” In response to her pleas, she said Conner eventually allowed her to leave and seek medical attention, but she had to promise to tell emergency-room personnel her injuries were caused by a fall in the shower.
“I had to get my hair wet before he would let me leave,” she said. Conner forced her to drive him to his truck which was hidden behind a Glades Road convenience store, she said.
Instead of driving immediately to the hospital, she said she drove to her brother’s home to ask him to take her to the hospital and then to get her daughter. She said she feared Conner, who had destroyed her cell phone, would retrieve their daughter from school.She was examined at St. Joseph Hospital-Berea, which summoned Berea Police.
Jury deliberations took over 2 1/2 hours. Recommended sentences were 20 years each for the rape and sodomy charges, 10 years for burglary, and 5 years for assault. The verdict form handed to Circuit Judge William G. Clouse stated that the total sentence would be 31 years. Conner was previously convicted of misdemeanor theft, DUI, and and a federal conviction for conspiracy to possess oxycodone with the intent to distribute.
The verdict came after an emotional morning during which Ashley called several members of Conner’s family, including his mother, to testify.Conner’s mother was at times choked by tears as she described how Conner, her only son, had suffered from drug addiction in the years following his father’s death, and pleaded with the jury to show mercy toward her son.
In his closing statement, Ashley had asked the jury for the minimum sentence, focusing on Conner’s young children and the effect a long sentence would have on his relationship with them.“You’ve heard some emotional testimony today about what Jessie Brian Conner means to his family,” Ashley said.
Judge Clouse has to decide which parts of the sentences will be served concurrently and consecutively to arrive at 31 years. Conner must serve 85% of the rape and sodomy charges and 20% of the assault and burglary charges before parole eligibility.
The rape occured last October 30, after the victim got off of work and took their daughter to kindergarten. Conner was hiding in the victim's home and suprised her in a closet. The perp listened as the victim called her brother, then his roommate. He checked the cell phone numbers, convinced that she was having sex with other men. Then the violence began.
He hit her behind the left ear and batted her head with his hands as if it were a basketball, she said, and then hit her with the butt of a .22 caliber rifle he had brought to the house.“He hit me on the head until the gun broke,” she said.When the stock separated from the rifle, she said he yelled, “You stupid bitch, you made me break my fucking gun on your fucking head.”
After the physical assault, Conner had his victim take off her clothes, when he raped her vaginally and anally. He also thretened a murder-suicide if she screamed, saying “One shot and you’re dead. Two shots and I’m dead.”
Then Conner fired bullets past his victim which landed in their daughter's bedroom, bulletts which passed through a pillow before lodging in the wall. After he did this, he tied the victim up to their daughter's bed, where he raped her again. “He said he was going to tie me up, so he could get away.”
Under questioning by [defense attorney Eric] Ashley, Conner’s ex-wife said their earlier sex life had included anal intercourse but never bondage.The blows to her head caused severe pain, dizziness and nausea, she testified.
“I was still screaming, begging him to leave,” she said. “He threatened to tape my mouth with duct tape so I couldn’t scream.” In response to her pleas, she said Conner eventually allowed her to leave and seek medical attention, but she had to promise to tell emergency-room personnel her injuries were caused by a fall in the shower.
“I had to get my hair wet before he would let me leave,” she said. Conner forced her to drive him to his truck which was hidden behind a Glades Road convenience store, she said.
Instead of driving immediately to the hospital, she said she drove to her brother’s home to ask him to take her to the hospital and then to get her daughter. She said she feared Conner, who had destroyed her cell phone, would retrieve their daughter from school.She was examined at St. Joseph Hospital-Berea, which summoned Berea Police.
Jury deliberations took over 2 1/2 hours. Recommended sentences were 20 years each for the rape and sodomy charges, 10 years for burglary, and 5 years for assault. The verdict form handed to Circuit Judge William G. Clouse stated that the total sentence would be 31 years. Conner was previously convicted of misdemeanor theft, DUI, and and a federal conviction for conspiracy to possess oxycodone with the intent to distribute.
The verdict came after an emotional morning during which Ashley called several members of Conner’s family, including his mother, to testify.Conner’s mother was at times choked by tears as she described how Conner, her only son, had suffered from drug addiction in the years following his father’s death, and pleaded with the jury to show mercy toward her son.
In his closing statement, Ashley had asked the jury for the minimum sentence, focusing on Conner’s young children and the effect a long sentence would have on his relationship with them.“You’ve heard some emotional testimony today about what Jessie Brian Conner means to his family,” Ashley said.
Judge Clouse has to decide which parts of the sentences will be served concurrently and consecutively to arrive at 31 years. Conner must serve 85% of the rape and sodomy charges and 20% of the assault and burglary charges before parole eligibility.
Saturday, May 30, 2009
Tacoma man gets 31 years for stabbing to death wife
A Tacoma man was sentenced to 31 years in prison for the stabbing death of his wife last summer. Jay Nathaniel "Nathan" Poe, 28 plead guilty to the 1st degree murder in the stabbing death of his wife Eva, 44 on May 28. After the murder, Poe tried to conceal the crime by burning her body in the fireplace, mistakenly setting his house on fire. When he woke up in the hospital, under police guard, he said to them, “I guess this is about my home burning...I guess this is about me stabbing and burning my wife.”
Poe revealed that after arguing with his wife for several hours, at about 2 a.m. on Aug. 8, the victim told her husband that she was not going to do as he wanted and was prepared to leave their home, documents said.
In probable cause documents Poe said that he has “abandonment issues” and that he was not going to let his wife leave him so he hid Eva's car keys and then put on a pair of gloves, turned off the lights, got a butcher knife out and caught the victim in the hallway and stabbed her more than 15 times while holding her by the throat and ignoring her pleas to stop.
Official documents said after the stabbing, Poe dressed Eva's wounds and changed her clothes because she "looked bad." Poe described in documents how he tried to clean up the scene of the slaying by renting a steam cleaner, buying hydrogen peroxide, bleach, charcoal and lighter fluid, tried to clean up the blood on the floor and then stuffed Eva's body into the fireplace and lit it on fire.
Poe said the body burning in the fireplace accidentally caught the house on fire, documents said.
Police said a passerby saw the fire and called 911. Before authorities arrived, Poe put the charred remains of his wife in a bag and placed them in a closet, where they were later discovered, prosecutors said.
The Pierce County medical examiner said dental records had to be used to identify the victim because her body was so badly burned and that she suffered at least 10 stab wounds to the torso, which caused her death.
Police said parts of the victim's body were also found in the home's fireplace.
The victim worked as a medical assistant in a plasma center, where the perp frequently utilized to get money for his platelets. The plea, then sentencing was done in Pierce County Superior Court. Poe's formal charges were 1st degree murder, arson, and disposing of a firearm.
Poe revealed that after arguing with his wife for several hours, at about 2 a.m. on Aug. 8, the victim told her husband that she was not going to do as he wanted and was prepared to leave their home, documents said.
In probable cause documents Poe said that he has “abandonment issues” and that he was not going to let his wife leave him so he hid Eva's car keys and then put on a pair of gloves, turned off the lights, got a butcher knife out and caught the victim in the hallway and stabbed her more than 15 times while holding her by the throat and ignoring her pleas to stop.
Official documents said after the stabbing, Poe dressed Eva's wounds and changed her clothes because she "looked bad." Poe described in documents how he tried to clean up the scene of the slaying by renting a steam cleaner, buying hydrogen peroxide, bleach, charcoal and lighter fluid, tried to clean up the blood on the floor and then stuffed Eva's body into the fireplace and lit it on fire.
Poe said the body burning in the fireplace accidentally caught the house on fire, documents said.
Police said a passerby saw the fire and called 911. Before authorities arrived, Poe put the charred remains of his wife in a bag and placed them in a closet, where they were later discovered, prosecutors said.
The Pierce County medical examiner said dental records had to be used to identify the victim because her body was so badly burned and that she suffered at least 10 stab wounds to the torso, which caused her death.
Police said parts of the victim's body were also found in the home's fireplace.
The victim worked as a medical assistant in a plasma center, where the perp frequently utilized to get money for his platelets. The plea, then sentencing was done in Pierce County Superior Court. Poe's formal charges were 1st degree murder, arson, and disposing of a firearm.
French national living in Dallas metroplex gets 45 years for deliberate infection with HIV
A Frisco, TX man of French origin was sentenced to 45 years in prison yesterday for deliberately infecting 6 women with HIV. The sentences, 45 years in 5 cases and 25 years in the remaining case, will run concurrently. Earlier this week, Philippe Padieu was convicted by a jury of 6 counts of assault with a deadly weapon - his penis - for refusing to disclose that he had full blown AIDS.
One juror, who asked not to be identified, cried as she hugged a victim. The trial had been helpful to her, she told the woman, because, "I have a daughter that's 19 and I don't tell her a lot of things. "It just takes one time to destroy your life," she said shaking her head.
Another juror stated that they had to remove themselves emotionally from the testimony, finding that Padieu was guilty of aggravated assault. The 45 year sentence was a compromise between prosecutors that wanted life and the defense, who wanted 20 years.
One victim, who remained anonymous, stated that she wishes that she could kill herself because of the stigma surrounding AIDS.
"I consider suicide, because it would be so much easier. It's a battle every single day....If I had cancer, I could tell people - I could tell them without fear or embarrassment or shame."
"I wish you no harm," she said, "And I pray that I can forgive. And I pray for a cure for us all.'"
One juror, who asked not to be identified, cried as she hugged a victim. The trial had been helpful to her, she told the woman, because, "I have a daughter that's 19 and I don't tell her a lot of things. "It just takes one time to destroy your life," she said shaking her head.
Another juror stated that they had to remove themselves emotionally from the testimony, finding that Padieu was guilty of aggravated assault. The 45 year sentence was a compromise between prosecutors that wanted life and the defense, who wanted 20 years.
One victim, who remained anonymous, stated that she wishes that she could kill herself because of the stigma surrounding AIDS.
"I consider suicide, because it would be so much easier. It's a battle every single day....If I had cancer, I could tell people - I could tell them without fear or embarrassment or shame."
"I wish you no harm," she said, "And I pray that I can forgive. And I pray for a cure for us all.'"
Another victim "thanked" Padieu for "introducing me to a group of 10 incredibly beautiful, brave women who had the guts to stand up here and tell the world their most embarrassing moments to make sure you were stopped. I still wonder why you did this, but I'm not going to let it consume me. Our friendship will last long after you're gone."
Padieu's attorney, Bennie House, said the sentence was "better than life," but he didn't call it a victory.
House said he felt Padieu should not have been prosecuted in the first place because, unlike some other states, Texas does not have an "HIV law" specifically criminalizing the intentional spreading of the sexually transmitted disease. Prosecuting Padieu for aggravated assault with a deadly weapon "absolutely opens the door for any STD prosecution," or even diseases such as swine flu, he said.
Padieu will have to serve 50%, or 22 1/2 years, before being eligible for parole.
This editorial explains why Padieu's victims are just as much victims as a person who gets shot.
Repeat Mobile, AL felon sentenced to life without parole for rape of neighbor
Circuit Judge Sarah Stewart sentenced a Mobile, AL man to life without parole Thursday, May 21 for the rape of a neighbor, stating that if he spent the same amount of time taking responsibility as well as avoiding responsibility, that "we wouldn't be here today."
In March, a jury deliberated 25 minutes before convicting Earnest Walker, 43, for the August 2007 rape of his 37 year old neighbor. Because of his previous convictions, which Walker attributed to drug and alcohol addiction, he was sentenced to LWOP (life without parole).
Walker was officially convicted of sex abuse, attempted sodomy, and obstruction of justice. The life with parole sentence was made possible by previous crimes including sodomizing a 11 year old California girl.
Walker's latest victim, 37 at the time of the attack, told Stewart in a trembling voice just short of tears that the night she was attacked was the worst of her life.
She said Walker had a "hard heart" and should be kept "behind bars for life."
Finally, she started crying, lamenting that while she was not afraid of death, she believed she was going to die that night and became terrified at the thought of the consequences to her children.
While denying he was the attacker, Walker asked Judge Stewart to sentence him to a lighter sentence than life without parole. He also mentioned that he was a father and grandfather in his futile plea to have his sentenced capped at less than life.
"I have seven kids and seven grandkids...I tried to live the American dream, but I failed."
None of those family members were in court for Walker's sentencing.
In March, a jury deliberated 25 minutes before convicting Earnest Walker, 43, for the August 2007 rape of his 37 year old neighbor. Because of his previous convictions, which Walker attributed to drug and alcohol addiction, he was sentenced to LWOP (life without parole).
Walker was officially convicted of sex abuse, attempted sodomy, and obstruction of justice. The life with parole sentence was made possible by previous crimes including sodomizing a 11 year old California girl.
Walker's latest victim, 37 at the time of the attack, told Stewart in a trembling voice just short of tears that the night she was attacked was the worst of her life.
She said Walker had a "hard heart" and should be kept "behind bars for life."
Finally, she started crying, lamenting that while she was not afraid of death, she believed she was going to die that night and became terrified at the thought of the consequences to her children.
While denying he was the attacker, Walker asked Judge Stewart to sentence him to a lighter sentence than life without parole. He also mentioned that he was a father and grandfather in his futile plea to have his sentenced capped at less than life.
"I have seven kids and seven grandkids...I tried to live the American dream, but I failed."
None of those family members were in court for Walker's sentencing.
Peoria man sentenced to 24 1/2 years for rape
Yesterday, Harrison L. Moore, of Peoria, IL, was sentenced to 24 1/2 years for last year's rape of a 21 year old woman on the Peoria riverfront. The rape occured after a night of drinking, when the victim agreed to met Moore at a later time that June night. Moore attacked and raped his victim until a passerby on a bridge heard her cries for help. After being Tasered, Moore surrendered.
The plea Moore gave in March was blind, meaning that prosecutors could, and did seek the maximum sentence of 30 years. However, they dropped an additional sexual assault and a lesser assault count against Moore .Since aggravated criminal sexual assault is a Class X Felony in Illinois, 85%, or 21 years of this sentence must be served.
The plea Moore gave in March was blind, meaning that prosecutors could, and did seek the maximum sentence of 30 years. However, they dropped an additional sexual assault and a lesser assault count against Moore .Since aggravated criminal sexual assault is a Class X Felony in Illinois, 85%, or 21 years of this sentence must be served.
Friday, May 29, 2009
Security guard at hotel rapes, then pushes spring breaker off hotel roof
A Panama City Beach security guard with arrest warrants from Indiana is now accused of pushing a 18 year old woman off the 6th floor of a hotel that he worked at after raping her. The attack occurred at around 1 AM Tuesday morning. The woman, who had gone to Spring Break from her hometown of Tuscaloosa, AL, is in the hospital suffering from non-lifethreatening injuries because she was fortunate enough to hit two other roofs.
Shawn Wuertly, 29, has arrest warrants out for burglary from Indiana, and his past Indiana arrest record features charges of escape, intimidation, and a second burglary charge. He's facing attempted murder, sexual battery, and false imprisonment charges in this incident.
Police say Wuertly and the teenager did not know each other before she came to Panama City Beach but Wuertly apparently made contact with her several times. He works as a security guard at the Sandpiper Beacon and has been in town about 6 months.
Major David Humphreys of the Beach Police says Weurtly’s name came up right away.
"He was identified at the scene as a possible suspect. He was interviewed here at the Beach police department. There was not enough evidence to charge him at the time. When we gathered enough evidence we could not locate him. We had phone conversations with him and he indicated he was leaving the state."
Beach Police took this picture of Wuertly Monday morning, when they first questioned him about the incident.
They say he is 5 feet 7 inches tall and weighs about 180 pounds. He was last seen wearing a black jacket with a yellow shirt and woodland camouflage pants. Wuertly also has two visible tattoos on his neck.
Humphreys says Wuertly does not have a car so he could possibly still be in the area although he told police he was going to visit family in Tennessee.
Update (3-19-08) - Wuertly is captured in the area of Fountain, FL, after hiding in the woods. Three Panama City Beach police officers were reprimanded for letting him go after he was detained, then released.
Tuesday, he was booked into the Bay County Jail on charges of attempted felony murder, sexual battery and false imprisonment. Investigators obtained a search warrant to take hair and other samples from his body before turning him over to the jail.
Update (5-29-09) Wuertly was convicted of sexual battery and aggravated battery during a jury trial in March of this year. Circuit Judge Michael Overstreet sentenced Wuertly to the maximum sentence of 30 years for the Class 1 Florida felonies, but did not order the perp to pay for the costs of the rape investigation.
[P]rosecutor Rob Sale said Friday he forgot to ask Overstreet to reserve the issue for later ruling. Sale asked the judge on Friday to treat a motion for restitution as a request to modify Wuertley's sentence to include the investigative costs and expense of flying in and housing witnesses, which were: $4,300 to the State Attorney's Office, $2,000 to the Panama City Beach Police Department and $16 to the Bay County Sheriff's Office.
Overstreet did not grant the prosecution's request because it would increase Wuertly's sentence, but did order Wuertly to pay $10,345 to the Florida Bureau of Victim Compensation.
Shawn Wuertly, 29, has arrest warrants out for burglary from Indiana, and his past Indiana arrest record features charges of escape, intimidation, and a second burglary charge. He's facing attempted murder, sexual battery, and false imprisonment charges in this incident.
Police say Wuertly and the teenager did not know each other before she came to Panama City Beach but Wuertly apparently made contact with her several times. He works as a security guard at the Sandpiper Beacon and has been in town about 6 months.
Major David Humphreys of the Beach Police says Weurtly’s name came up right away.
"He was identified at the scene as a possible suspect. He was interviewed here at the Beach police department. There was not enough evidence to charge him at the time. When we gathered enough evidence we could not locate him. We had phone conversations with him and he indicated he was leaving the state."
Beach Police took this picture of Wuertly Monday morning, when they first questioned him about the incident.
They say he is 5 feet 7 inches tall and weighs about 180 pounds. He was last seen wearing a black jacket with a yellow shirt and woodland camouflage pants. Wuertly also has two visible tattoos on his neck.
Humphreys says Wuertly does not have a car so he could possibly still be in the area although he told police he was going to visit family in Tennessee.
Update (3-19-08) - Wuertly is captured in the area of Fountain, FL, after hiding in the woods. Three Panama City Beach police officers were reprimanded for letting him go after he was detained, then released.
Tuesday, he was booked into the Bay County Jail on charges of attempted felony murder, sexual battery and false imprisonment. Investigators obtained a search warrant to take hair and other samples from his body before turning him over to the jail.
Update (5-29-09) Wuertly was convicted of sexual battery and aggravated battery during a jury trial in March of this year. Circuit Judge Michael Overstreet sentenced Wuertly to the maximum sentence of 30 years for the Class 1 Florida felonies, but did not order the perp to pay for the costs of the rape investigation.
[P]rosecutor Rob Sale said Friday he forgot to ask Overstreet to reserve the issue for later ruling. Sale asked the judge on Friday to treat a motion for restitution as a request to modify Wuertley's sentence to include the investigative costs and expense of flying in and housing witnesses, which were: $4,300 to the State Attorney's Office, $2,000 to the Panama City Beach Police Department and $16 to the Bay County Sheriff's Office.
Overstreet did not grant the prosecution's request because it would increase Wuertly's sentence, but did order Wuertly to pay $10,345 to the Florida Bureau of Victim Compensation.
Milwaukee County Deputy sentenced to 20 years prison, 10 years extended supervision for shooting "girlfriend"
A former Milwaukee County sheriff's deputy was sentenced to 20 years in prison and 10 years of extended supervision for shooting his then girlfriend in the face. After the victim fled to a neighbor's home, the perpetrator shot through the door, injuring a 12 year old girl and leaving a bullet lodged among the next door family's Christmas presents.
After a guilty plea in Milwaukee County Circuit Judge David Borowski's courtroom Thomas D. Hutchins, 40, was sentenced to consecutive 10 year prison/ 5 year extended supervision terms for two counts of intentional first degree reckless injury, and 2 years prison/ 2 years extended supervision for a single count of endangering safety by use of a dangerous weapon.
According to records and testimony, Hutchins went to the home of his girlfriend, Petria Dent, 32, with a gift for their child just before Christmas. The couple soon were involved in a violent argument; he said it was over her spanking their daughter.
Dent said he slapped her and that she defended herself by striking him with a candlestick. Hutchins denied he slapped her, saying her attack was unprovoked and he shot her out of fear for his safety. He also said she had threatened to call the police and he feared his job would be endangered. He said she had earlier made allegations of illegal activity to the sheriff's office that she later retracted.
After Dent was shot, she fled to a neighbor's home, and Hutchins pursued her. The neighbor told Borowski that the scene was like something out of a horror movie. Days later, when the family opened Christmas gifts, they found a bullet in one of them.
WHen the defendant's attorney Bridget Boyle said that he fired the shots to see if the victim was OK, the victim responded from the gallery, "He shot me in the face! What does she mean he wanted to see if I was OK?"
After a guilty plea in Milwaukee County Circuit Judge David Borowski's courtroom Thomas D. Hutchins, 40, was sentenced to consecutive 10 year prison/ 5 year extended supervision terms for two counts of intentional first degree reckless injury, and 2 years prison/ 2 years extended supervision for a single count of endangering safety by use of a dangerous weapon.
According to records and testimony, Hutchins went to the home of his girlfriend, Petria Dent, 32, with a gift for their child just before Christmas. The couple soon were involved in a violent argument; he said it was over her spanking their daughter.
Dent said he slapped her and that she defended herself by striking him with a candlestick. Hutchins denied he slapped her, saying her attack was unprovoked and he shot her out of fear for his safety. He also said she had threatened to call the police and he feared his job would be endangered. He said she had earlier made allegations of illegal activity to the sheriff's office that she later retracted.
After Dent was shot, she fled to a neighbor's home, and Hutchins pursued her. The neighbor told Borowski that the scene was like something out of a horror movie. Days later, when the family opened Christmas gifts, they found a bullet in one of them.
WHen the defendant's attorney Bridget Boyle said that he fired the shots to see if the victim was OK, the victim responded from the gallery, "He shot me in the face! What does she mean he wanted to see if I was OK?"
Deputy District Attorney Patrick Kenney asked Judge Borowski for a 25 year prison sentence because of the proximity of children to the crime scene. The 12 year old girl injured was hit in the hand and leg, while other kids present had to undergo counseling.
Wednesday, May 27, 2009
Woman sentenced to 30 years for molesting three boys, developmentally disabled man
(Original Post 3-4-08)Michelle Vanmeter, a 35 year old former teacher and employee of a group home, was sentenced Friday, February 29 to 30 years in prison and five years of probation for sexually abusing three boys and a young deaf man with an IQ of 58. She gained access to three of her victims, who were brothers, through working with their mother at a Ft. Wayne group home.
According to court documents, VanMeter had sex with the boys between June 2006 to April 2007, and when Allen County Superior Court Judge Fran Gull sentenced her to 30 years in prison (which is 15 years for good behavior), followed by 5 years probation, giving her credit for over 15 months served.
VanMeter’s lawyer, Bart Arnold, argued that self-esteem issues and depression were to blame for his client’s behavior. Allen County Prosecutor Karen Richards said VanMeter preyed upon the families she victimized and Judge Fran C. Gull called the trust she violated worse than a parent violating the trust of a child. “My intentions were to never hurt anyone,” said VanMeter through tears at her sentencing.
Three of VanMeter’s victims were brothers. Two of them were teens, ages 13 and 15, while the third was the man, who is deaf and mentally challenged. He told his mother by sign language of their sexual encounter, according to court documents. After that the other two boys admitted the same.
According to the court documents, the trio would spend considerable time with VanMeter who met with their mother after they confessed and before she went to the police. VanMeter had just given birth to a baby girl whose pregnancy she kept secret, but then said had been the result of a one-night stand at a bar.During dinner with VanMeter, the victims’ mother saw the baby and later told police it looked like her 15-year-old son.
After the mother of the victimized brothers came forth and police filed charges, the father of a 12 year old boy came forward with concerns he had been molested she was eventually charged with that crime as well.
VanMeter eventually pleaded guilty to two counts of child molesting, a count of sexual misconduct and a count of sexual battery in order to have her prison sentence capped at 30 years. Friday, her lawyer asked for considerably less time in order for VanMeter to see her child.
“I would like my daughter to know her mother while she was young,” said VanMeter, who said the girl laughs and smiles whenever she has the chance to talk to her on the phone.VanMeter’s family is sharing custody of the girl with the boy’s family, though Richards said the boy’s family has spent thousands of dollars to secure exclusive custody of her.“
(VanMeter’s) caused trauma to that young man and his family,” argued Richards in her request that VanMeter receive the maximum penalty.Though several people wrote letters to the court, saying they noticed changes in her in the past two years as stress took a hold of a “good” person, nobody testified on her behalf.
Reading from a letter, VanMeter said as she looked back over the last few years, she could see that things weren’t “going well” for her and that she was no longer the “joyful” or “happy” person people knew.
“My intentions were never to hurt anyone,” she said, adding she brought life into the world as a result of her actions and considers her daughter a gift from God.
Allen County Prosecutor Karen Richards argued VanMeter fit the classic pattern of a child molester – male or female.
VanMeter preyed on the boys, going out of her way to cover up her conduct and to buy their silence with gifts, Richards said.
And she asked Gull not to differentiate between a male child molester and VanMeter in sentencing.
“Does it matter if you are a man and you (molest) out of a position of power and control, or if you are a woman and you manipulate a position of trust?” Richards asked.
The victims have been damaged by VanMeter’s actions, particularly the teen who found himself a father and will have to deal with that stigma, Richards said.
Both the boy’s family and VanMeter’s parents have been in a heated custody battle costing the boy’s family thousands of dollars, Richards said.
Though VanMeter had no prior criminal record, Gull said that she was in an "extraordinary position of trust," and her assaults "appeared calculated." She said to VanMeter, "Sort of murder, there's nothing more serious than a Class A felony. You jumped right in." "You were not only in a position of trust;you were in an extraordinary position of trust."
(Update 5-27-09) The family of 3 of Vanmeter's victims have filed a civil lawsuit against AWS under the doctrine of respondat superior. Respondat superior states that the employer is responsible and liable the actions of an employee at all times while the employee is acting within their employment scope.
Filed [May 19] in Allen Superior Court, the unnamed plaintiffs, identified only by their initials "L" and "J" on behalf of their children "A," "D" and "J," sued AWS, formerly known as Anthony Wayne Services, for compensatory and punitive damages.
The suit alleges that Vanmeter became acquainted with the family by being a personal assistant to their oldest son. It was through this that she became sexually involved with them."As a result of the molestation … each of them have suffered pain and suffering, mental distress, mental anguish, humiliation, embarrassment, physical and psychological trauma, counseling expenses and other damages and injuries," according to the lawsuit.
Because Vanmeter got pregnant and decided to carry the victim's daughter to term, raising the grandchild is "directly attributable to the sexual molestation and statutory rape of their minor son."
Tuesday, May 26, 2009
Teacher's aide caught in hotel party with boys sentenced to 3 to 6 years in prison
(Original post 4-24-08)Abbie Jane Swogger, 34, of Harrison, an ex-teacher’s aide and stripper who was charged for holding a sex, drugs, and drinking party at a New Kensington, PA hotel February 21st and 22nd, was charged with more crimes for more sexual encounters involving minors.
Swogger faces 33 additional charges, including stripping for three men and three boys January 16 in the residence of a 15 year old Natrona, PA boy. Police claimed that Swogger allowed the men and boys to touch her inappropriately, and that weed was used in the party. Swogger also allegedly performed a sex act on a 15 year old boy in February 2 while a man watched after the striptease incident.
A third incident, where a 17 year old boy from Harrison, PA, admitted to starting a sexual relationship with Swogger for a few weeks starting in January, was also mentioned in a criminal complaint.
Photos, taken with a cell phone camera, surfaced on the Internet in the days after Swogger's arrest.
If the Pennsylvania AOC is 16, and the “victims” were not encountered during Swogger’s employment as a teacher’s aide, then sexual activity with over 16’s isn’t illegal. Immoral, yes, but not illegal.
She is accused of having sex with the boy in her rented house in Natrona Heights and "on numerous occasions" gave him alcohol and marijuana.
When confronted with that by New Kensington police, Swogger allegedly asked police, "How serious is that?"
Swogger faces 33 additional charges, including stripping for three men and three boys January 16 in the residence of a 15 year old Natrona, PA boy. Police claimed that Swogger allowed the men and boys to touch her inappropriately, and that weed was used in the party. Swogger also allegedly performed a sex act on a 15 year old boy in February 2 while a man watched after the striptease incident.
A third incident, where a 17 year old boy from Harrison, PA, admitted to starting a sexual relationship with Swogger for a few weeks starting in January, was also mentioned in a criminal complaint.
Photos, taken with a cell phone camera, surfaced on the Internet in the days after Swogger's arrest.
If the Pennsylvania AOC is 16, and the “victims” were not encountered during Swogger’s employment as a teacher’s aide, then sexual activity with over 16’s isn’t illegal. Immoral, yes, but not illegal.
She is accused of having sex with the boy in her rented house in Natrona Heights and "on numerous occasions" gave him alcohol and marijuana.
When confronted with that by New Kensington police, Swogger allegedly asked police, "How serious is that?"
Swogger was charged with numerous counts relating to a party with teens that she had in a hotel room last February 22. She faced charges of corruption of minors, possession with intent to deliver cocaine, and trying to get two 15 year old girls to have sex with her.
A 17-year-old male and an adult witness told investigators that Ms. Swogger drove them to a house in Arnold and gave another juvenile $500 to purchase crack cocaine, which they took to the hotel. The 17-year-old also told police that he witnessed Ms. Swogger sell smaller portions of the crack to two adults -- one a $20 transaction, the other for $100.
When they initially searched the hotel room, police found two bags containing different amounts of crack. They also found a digital scale and a box of baggies. One of the two 15-year-old girls who was in the hotel room told investigators that Ms. Swogger had rubbed her leg and attempted to touch her breasts. Then, she said, Ms. Swogger told her that the two of them and the other 15-year-old girl should all have sex together, but the girls refused.
As a result, Ms. Swogger faces additional charges of unlawful contact with a minor and criminal solicitation to commit involuntary deviate sexual intercourse.
Ms. Swogger had admitted having sex with the 17-year-old male, and police found numerous discarded condom wrappers in the room. On Feb. 28 after Swogger's arrest, she allegedly left her house and asked two girls to give a cell phone to one of the youths from the hotel party. Her bond was revoked for leaving her house without authorization.
She also allegedly offered to give two girls $40 to beat up another girl who allegedly posted one of Swogger's nude photos on the Web. Besides the charges from the hotel party, Swogger was charged with unlawful contact with minors, corrupting the morals of minors, and soliciting sex from two teenage girls. Duke George, her attorney, called the new charges "even more ridiculous than the previous ones."
Prosecutors from Westmoreland and Allegheny counties have agreed to combine all of the charges into one case to be prosecuted in Allegheny County.
District Judge Carolyn Bengel is scheduled to preside over Swogger’s preliminary hearing, scheduled for May 1.
Swogger remains in the Westmoreland County jail.
(Update 5-2-08) All of Swogger's charges will be consolidated into three cases and heard in Allegheny County. The former teacher's aide and stripper is being held on $150,000 bond and her preliminary hearing is scheduled for May 15 before District Judge Carolyn S. Bengel.
(Update 5-15-08) Swogger had her preliminary hearing today, and she's being held on about 40 charges. Some of the boys testified about sexual and drug-laced encounters, charges that Swogger said were lies.
"I thought it was outrageous. They're lying to save their own butts from getting in trouble for the things that they've done."
All told, Swogger is charged with involuntary sexual deviate intercourse, indecent assault, endangering the welfare of children, corruption of minors, furnishing liquor to minors, unlawful contact with minors and possession with intent to deliver.
One of the January incidents is described by local police like so:
"Swogger danced for a period of time before stripping off the outfit and appearing in the nude. During the performance, all of the males present were permitted by Swogger to touch her nude body including but not limited to her breasts and genital areas. Swogger posed nude in various positions while being photographed by the participants. One of these photographs depicts her sitting nude on a couch with six of the victims. While at this party, the participants consumed the provided alcohol and were exposed to or ingested marijuana."
Defense attorney Duke George said the sex charges are even more ridiculous than those filed for the alleged party at the hotel.
Swogger is being held on $150,000 bond, an amount her attorney said Swogger cannot raise.
(Update 5-26-09) This morning, Swogger changed her plea to guilty as a bench (non jury) trial was scheduled to start in her case. She pleaded guilty to 11 charges involving a 15 year old victim in her case. 17 more charges were dropped. Her total sentence is 3 to 6 years in a Pennsylvania prison, followed by 36 years of probation. Conditions of her probation include registering as a sex offender for the rest of her life, undergoing substance abuse treatment, and having no contact with the victim in her case.
“I want to say I’m very sorry for hurting anyone. I’m sorry for not being the role model I should have been. I’m very, very sorry," Swogger said during the hearing turned sentencing.
Assistant District Attorney Laura Ditka stated that the plea was done, because in her own words, "I wanted to make sure she was not working with children anytime in the near future. These charges should preclude her from working with children for the entire time of her life. She doesn’t have good judgment when she has access to minors.”
Saturday, May 23, 2009
College student gets 8 1/3 years for raping coed
A former Oregon State University student got the minimum sentence - 100 months, or 8 1/3 years in prison, for the Halloween 2008 rape of a 21 year old Portland, OR woman. Gregory Thomas Sako, 20, was sentenced to the mandatory minimum for rape under Oregon's Measure 11, which also stipulates that such sentences be served in full.
The trial ended last Thursday afternoon and guilty verdict was delivered by the jury Friday morning shortly before 11 a.m.
"It was absolutely the right verdict," Chief Deputy District Attorney Chris Stringer said."The biggest hurdle for me was to get the jury to focus on the evidence and not to take into account Sako's status and age. It was a relief to find out that they did just that."
Sako had previously attended OSU on an ROTC scholarship and was an active member of the Phi Kappa Psi fraternity. He was arrested Nov. 1 and according to the OSU Registrar, dropped out of classes shortly after, where he returned to live at home in Menlo Park, Calif., until the beginning of the trial.
While Sako had also been charged with 1st and 2nd degree kidnapping, his defense attorney successfully argued to presiding judge Janet Holcomb to dismiss those charges. However, according to Stringer, those charges, if they had stuck, would have resulted in the same 100 month sentence for Sako. Coffee Creek Correctional Facility is Sako;s next stop, where he will be evaluated before Oregon prison officials decide what medium or high security prison he'll be spending his time at.
Stringer hoped that the victims of other sexual assaults are encouraged to report their perpetrators, particulary on campus.
"I believe that sexual assault at OSU is highly underreported. The victim did everything correct in her situation and I hope that others can learn from her example by coming forward."
The trial ended last Thursday afternoon and guilty verdict was delivered by the jury Friday morning shortly before 11 a.m.
"It was absolutely the right verdict," Chief Deputy District Attorney Chris Stringer said."The biggest hurdle for me was to get the jury to focus on the evidence and not to take into account Sako's status and age. It was a relief to find out that they did just that."
Sako had previously attended OSU on an ROTC scholarship and was an active member of the Phi Kappa Psi fraternity. He was arrested Nov. 1 and according to the OSU Registrar, dropped out of classes shortly after, where he returned to live at home in Menlo Park, Calif., until the beginning of the trial.
While Sako had also been charged with 1st and 2nd degree kidnapping, his defense attorney successfully argued to presiding judge Janet Holcomb to dismiss those charges. However, according to Stringer, those charges, if they had stuck, would have resulted in the same 100 month sentence for Sako. Coffee Creek Correctional Facility is Sako;s next stop, where he will be evaluated before Oregon prison officials decide what medium or high security prison he'll be spending his time at.
Stringer hoped that the victims of other sexual assaults are encouraged to report their perpetrators, particulary on campus.
"I believe that sexual assault at OSU is highly underreported. The victim did everything correct in her situation and I hope that others can learn from her example by coming forward."
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