(Original Post 3-14-10) A 15 year old boy was sentenced to 15 life terms Wednesday, March 10 for raping and kidnapping two Apollo Beach restaraunt workers. Jose Walle, 13 when he attacked the woman, entered a blind plea to 19 felony counts last month.
The women were abducted from the Apollo Beach restaurant Aug. 15, 2008, held for several hours and repeatedly sexually assaulted before being dumped along Interstate 75. One said Walle got in the back seat of her truck, pointed a gun at her and raped her.
One of the victims said in her impact statement, "There was no doubt in my mind that he would kill us. He chose to rob us. He chose to abduct us. He was the one who raped me." The other victim said that "I think he should be shown the same mercy he showed us - none."
Walle's parents, friends, soccer coach and attorney, as well as a psychiatrist hired by the defense, portrayed him as a youth soccer star who got caught up in drugs and came under the sway of bad influences - co-defendants Rigoberto Martinez, 22, and Vincente Reyes-Carbajal, 21, who are awaiting trial.
Walle's explanation of his attack on the women was "I was angry. I was on drugs."
But Assistant State Attorney Rita Peters said Walle laughed and smiled his way through a presentence interview with a state corrections official. Walle told the official, "I'm a nice guy, but if you mess with me I have no problems killing you," Peters quoted from the report.
Hillsborough Circuit Judge Chet Tharpe used those statements to justify his 15 life sentences. This is one of the most disturbing cases I have ever come across...If he is not stopped, he is going to do it again. And, quite frankly, I'm not willing to take that chance. It is my intention that you never ever walk the streets of our community again as a free man. He's going to kill; it's just a matter of time."
Walle's life sentences will be served concurrently to one another and consexutively with a 27 year sentence handed down for the rape of a third woman. Two other Florida youths have been jailed for life without parole terms for non-murder crimes committed at 13.
(Update 5-21-11) After a 2010 US Supreme Court ruling stating that juveniles cannot be sentenced to life without parole for crimes other than murder, Judge Tharpe resentenced Walle to 65 years imprisonment on Wednesday, November 17, 2010. Judge Tharpe said at Walle's second sentencing, "Jose Walle knew the difference between right and wrong. He has forfeited his right to live in a free society."
After listening to both sides re-present arguments made during the first sentencing, Judge Tharpe said to the defense, "Let me start out by saying, what's wrong with this picture? Shouldn't our focus be first and foremost on the welfare of the victims? Is it not cruel and unusual punishment for the victims to have endured the rage, the brutality, the terror that your client exacted upon them? What about the fact that these ladies have to live the rest of their lives worrying about whether or not they will become a victim again of another person like Jose Walle …Isn't that cruel and unusual punishment?"
Tharpe also gave the opinon that the juvenile justice system does not give enough accountability to youths convicted of serious crimes and that "grave crimes bring grave sentences.""Why don't we focus our money and our resources and our time on fixing the problems as opposed to trying to coddle a Jose Walle?"
Showing posts with label burglary. Show all posts
Showing posts with label burglary. Show all posts
Saturday, May 21, 2011
Monday, March 14, 2011
Former high school basketball star given 84 to 230 years in home invasion rapes
On March 10, 2011, a former basketball player was sentenced to 84-230 years imprisonment for two Philadelphia assaults. 25 year old Domenique Wilson was handed the term by Philadelphia Common Pleas Court Judge Charles J. Cunningham III, who said he handed down the sentence to ensure "there is never a day when he is out."
Judge Cunningham continued, "This was not the case of someone who broke in an apartment and happened to find somebody there. You are a serial rapist, a serial criminal. You just got caught sooner rather than later." Wilson was convicted by a jury in November of rape, burglary, and robbery in the Philly attacks.
Wilson forced his way into an apartment on Oct. 22, 2008, on Clinton Street in Center City. He then raped and robbed a 25-year-old woman at knifepoint, and tied up, robbed, and assaulted her 29-year-old boyfriend.
Wilson was also found guilty of forcing his way into a Spruce Street apartment Dec. 19, 2008. The 24- and 22-year-old University of Pennsylvania female students testified that Wilson threatened them with a gun and knife, covered their eyes, mouths, and wrists with duct tape, and repeatedly raped one.
Both rape victims gave an impact statement, read in court. The first victim's statement said, "In one selfish, disgusting act, you destroyed every part of my life. You attacked me repeatedly in my own bedroom. I no longer have a safe place to call my own - not a single one. My fear is practically constant...With how heartless you seem to be, I don't know if you have the capacity to feel sorry for what you did. But I trust you'll have a long time ahead to think about it."
The Spruce Street victim said, "I want to say 'thank you' for all of the wonderful things I have been blessed with from this horrible act," including a closer relationship with the roommate who had to hear the rape, and a friendship with the other victims.
Sunday, March 6, 2011
Serial criminal sentenced to 88 years for rape, confinement of 78 year old woman
Friday, March 4, 2011
By Anna Rochelle, Staff Writer [Greene County [IN] Daily World]
The wheels of justice turned tough Friday [March 4, 2011]on Alex C. Callison, a Bloomfield man who entered several pleas of guilty in a case involving the rape and confinement of a 78-year-old woman in October. He's headed to the Indiana Department of Corrections for 88 years in prison. Even if he racks up good time credit, it would still be 44 years before his release. Callison was 28 years old when he was arrested on Oct. 31.
When Greene Superior Court Judge Dena Martin pronounced the sentence on each of four criminal counts, she ruled that the sentences will be served consecutively, or one after the other.
During a change of plea and sentencing hearing early Monday, Callison entered a plea of guilty to, and was sentenced to:
* Burglary, a class A felony, 47.5 years (the maximum allowed by law is 50 years)
* Rape, a class B felony, 19 years (maximum of 20 years)
* Criminal deviate conduct, a class B felony, 19 years (maximum of 20 years)
* Intimidation, a class D felony, 2.5 years (maximum of 3 years)
Callison was represented in court by Attorney James Riester, serving as a public defender. The State's case was argued by Greene County Deputy Prosecutor Keven McIntosh.
The case initially filed against Callison included five other criminal counts which were dismissed under the terms of a negotiated plea agreement. The agreement left sentencing up to the discretion of the judge.
After the hearing, McIntosh said the Prosecutor's Office was pleased with the sentences. "He got roughly what he would have gotten had this case gone to trial and if he had been found guilty by a jury," said McIntosh noting that under Indiana's sentencing guidelines, some of the charges would have been merged for sentencing purposes.
"I'm happy with the outcome and I think the victim's family is happy with the outcome," said McIntosh.
The defense did not share that satisfaction and requested that a state public defender be appointed to represent Callison in an appeal of the sentence. Since Callison plead guilty, by law he cannot appeal the conviction, but he can appeal the sentence.
McIntosh said the victim did not ever want to see the defendant again and she didn't want to have to go through a trial. But she told him if it became necessary, she would testify. The victim did not attend the sentencing hearing, but was represented by four members of her family who all took the stand: Three daughters and one granddaughter.
"They did a tremendous job conveying to the judge how this has affected their mother and grandmother and their entire family," said McIntosh. "They should be commended for their heartfelt testimony."
Callison was accused of breaking into a home where the elderly victim lived alone. She thought she heard a knock on her door at 3:30 a.m. but chose not to answer it due to the time of night. Moments later Callison broke in and made his way into her bedroom.
Callison stayed in the home until the next afternoon. During that time, the victim was attacked again and again, forced to make breakfast for the man and she was threatened with knives out of her own kitchen.
She was able to give police a description and later identified Callison in a photo lineup. Crime scene technicians seized numerous items of evidence including the knives, Coke cans he drank from and other materials with DNA evidence and/or fingerprints.
When the victim was first interviewed, a detective said she was "visibly shaken" and became physically ill. During the hearing, two interviews were replayed, one with the victim and one with Callison.
Callison's criminal history was also brought out -- he had one previous conviction on his record, a class C felony burglary involving a break-in at a barber shop in Daviess County. Callison was on parole for that conviction when the current crime was committed.
McIntosh said he thought the defendant did seem sorry for what had happened but that didn't make up for what he did to the victim.
"I do not think that Callison is just a predator. I think this incident was fueled by drugs and alcohol," said McIntosh. "Appearances can be deceiving, but in court, he seemed remorseful. And by admitting guilt, he did save us going through a trial."
When asked about the victim's recovery, McIntosh said this had been a very difficult experience for her. "Since this happened, she's no longer able to stay by herself -- this changed her life greatly," said McIntosh. "She's tough, but this has affected her deeply. I hope she will overcome this, I think she will overcome this. I know she's a resilient lady."
© Copyright 2011 Greene County Daily World. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.
By Anna Rochelle, Staff Writer [Greene County [IN] Daily World]
The wheels of justice turned tough Friday [March 4, 2011]on Alex C. Callison, a Bloomfield man who entered several pleas of guilty in a case involving the rape and confinement of a 78-year-old woman in October. He's headed to the Indiana Department of Corrections for 88 years in prison. Even if he racks up good time credit, it would still be 44 years before his release. Callison was 28 years old when he was arrested on Oct. 31.
When Greene Superior Court Judge Dena Martin pronounced the sentence on each of four criminal counts, she ruled that the sentences will be served consecutively, or one after the other.
During a change of plea and sentencing hearing early Monday, Callison entered a plea of guilty to, and was sentenced to:
* Burglary, a class A felony, 47.5 years (the maximum allowed by law is 50 years)
* Rape, a class B felony, 19 years (maximum of 20 years)
* Criminal deviate conduct, a class B felony, 19 years (maximum of 20 years)
* Intimidation, a class D felony, 2.5 years (maximum of 3 years)
Callison was represented in court by Attorney James Riester, serving as a public defender. The State's case was argued by Greene County Deputy Prosecutor Keven McIntosh.
The case initially filed against Callison included five other criminal counts which were dismissed under the terms of a negotiated plea agreement. The agreement left sentencing up to the discretion of the judge.
After the hearing, McIntosh said the Prosecutor's Office was pleased with the sentences. "He got roughly what he would have gotten had this case gone to trial and if he had been found guilty by a jury," said McIntosh noting that under Indiana's sentencing guidelines, some of the charges would have been merged for sentencing purposes.
"I'm happy with the outcome and I think the victim's family is happy with the outcome," said McIntosh.
The defense did not share that satisfaction and requested that a state public defender be appointed to represent Callison in an appeal of the sentence. Since Callison plead guilty, by law he cannot appeal the conviction, but he can appeal the sentence.
McIntosh said the victim did not ever want to see the defendant again and she didn't want to have to go through a trial. But she told him if it became necessary, she would testify. The victim did not attend the sentencing hearing, but was represented by four members of her family who all took the stand: Three daughters and one granddaughter.
"They did a tremendous job conveying to the judge how this has affected their mother and grandmother and their entire family," said McIntosh. "They should be commended for their heartfelt testimony."
Callison was accused of breaking into a home where the elderly victim lived alone. She thought she heard a knock on her door at 3:30 a.m. but chose not to answer it due to the time of night. Moments later Callison broke in and made his way into her bedroom.
Callison stayed in the home until the next afternoon. During that time, the victim was attacked again and again, forced to make breakfast for the man and she was threatened with knives out of her own kitchen.
She was able to give police a description and later identified Callison in a photo lineup. Crime scene technicians seized numerous items of evidence including the knives, Coke cans he drank from and other materials with DNA evidence and/or fingerprints.
When the victim was first interviewed, a detective said she was "visibly shaken" and became physically ill. During the hearing, two interviews were replayed, one with the victim and one with Callison.
Callison's criminal history was also brought out -- he had one previous conviction on his record, a class C felony burglary involving a break-in at a barber shop in Daviess County. Callison was on parole for that conviction when the current crime was committed.
McIntosh said he thought the defendant did seem sorry for what had happened but that didn't make up for what he did to the victim.
"I do not think that Callison is just a predator. I think this incident was fueled by drugs and alcohol," said McIntosh. "Appearances can be deceiving, but in court, he seemed remorseful. And by admitting guilt, he did save us going through a trial."
When asked about the victim's recovery, McIntosh said this had been a very difficult experience for her. "Since this happened, she's no longer able to stay by herself -- this changed her life greatly," said McIntosh. "She's tough, but this has affected her deeply. I hope she will overcome this, I think she will overcome this. I know she's a resilient lady."
© Copyright 2011 Greene County Daily World. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.
Sunday, September 19, 2010
"Shotgun Bandit" sentenced to life for rape, attempted murder of woman
Testimony opened on September 15 with the then 29 year old's account of the attack.
The woman, who is not being named because she is a sexual assault victim, told jurors she was in her pajamas watching television about 2 a.m. when the glass on her patio door exploded. "I screamed," she said. "I saw a dark figure coming through the door right at me."
The man, holding a short-barreled shotgun, dragged her by her hair to the bedroom. She testified he made her dump out her purse and turn over hundreds of dollars in cash she had earned from her waitress job. He also forced her to give up her debit card and the personal identification number.
He made her stay in the bathtub as he searched the place. What he was looking for, she didn't know, she told jurors. Then the attacker took her to her bedroom, where he forced her to perform a sex act. If she didn't, he threatened to blow her head off, she testified.
The attacker used zip ties to bind her hands behind her and laid her on the bed. He stuffed a sock into her mouth and held it there with duct tape. Then he covered her face with a pillow and stabbed her three times.
"I couldn't believe this was happening," she said. "The pain was unreal."
The woman said she played dead as he checked her wrist for a pulse. She rolled her eyes back as he lifted each lid to check for signs of life. He removed the sock and duct tape. She said she heard her front door open and then close. She waited about five minutes and then went to her kitchen to try to cut the ties with a knife. When she couldn't free herself, she went to get help.
She met her attacker at the front door. "You didn't think I wouldn't see the kitchen light come on?" she recalled him asking. There was a struggle. She told jurors he pushed her down and stabbed her two more times. He locked the door behind him as he left.
The woman said she lay there for 30 to 45 minutes "to make sure he was gone."
During the trial, Ledbetter's defense attorney attempted to introduce reasonable doubt by sugessting that his client wasn't the one who stabbed the victim. The defense conceded the DNA evidence proved Ledbetter raped the victim. The only defense witness, Denise Ledbetter, was the attacker's mom. She portrayed her son as a devoted son and asked jurors to give him less than life so "That I have more time with my son."
The 2007 attack victim's impact statement followed the penalty phase of the trial, and went like this. "No matter how much pain and anguish you caused, not once would I let you get the best of me. I will never let you steal my strength or my perseverance. ... I'm the reason you were caught. I got you. ... May you rot in jail for life."
During the punishment phase of the trial, jurors got a clearer picture of Ledbetter, known before his arrest as the shotgun bandit because of his choice of weapon in some of the crimes.
A former Garland woman testified about a man breaking into her home through the patio door on June 1, 2005. He forced her to drive to two automated teller machines and withdraw $500 while he sat in the back seat of her Jaguar with a sawed-off shotgun jabbed in her side. "I was petrified," she told jurors.
A former Southern Methodist University student testified under a pseudonym about a man dressed in black and wielding a shotgun who broke into the Dallas apartment she shared with a friend on June 4, 2005. Both were sexually assaulted. A DNA expert testified that trace evidence from the Jaguar's back seat and the Dallas attack matched Ledbetter's DNA.
A 41-year-old woman testified about being sexually assaulted by Ledbetter on Nov. 7, 2005, at her Plano apartment. Several details matched the other attacks.
Prosecutor JoDee Neil told jurors: "There is no why," she said. "This is evil, plain and straight."
First Assistant District Attorney Greg Davis said Ledbetter deserved the maximum of life without parole
"so that no other woman will have to look at Stanley Ledbetter again and fear for her life."
Ledbetter, known as the "Shotgun Bandit," was already serving two life sentences on similar criminal convictions. Ledbetter is suspected in attacks on 7 women that took place between May 2005 and April 2007, and is suspected in at least 19 home invasions. The presiding judge was State District Judge Webb Biard. The convictions, from Dallas County, are under appeal.
Saturday, June 5, 2010
Rape-slaying of retired St. Louis journalist nets sex offender life without parole
A man with a history of sex crimes got life without parole Tuesday, June 1 for the rape-slaying of a retired St. Louis journalist. Nancy Miller, 59, was slain February 1, 2008 by a repeat sex offender. Brian Walters, who turned 30 the day of the sentencing, broke into Miller's Chesterfield, MO condo and attacked her when she encountered him. After raping Miller, Walters stabbed Miller with a knife until it broke, then got another knife he used to slit her throat. She didn't die immediately, even after Miller left and poured bleach over her body, which an autopsy showed suffered 50 stab wounds.
He was arrested in 1999 in Charlotte, N.C., accused of beating and raping a teenage girl there, according to police and court records. He pleaded guilty to misdemeanor charges of assault and false imprisonment. A judge sentenced Walters to 120 days in jail and released him on time served. Later that year, a police officer found Walters outside Parkway North High School before dawn. Walters drove at the officer, who got out of the way.
Months later, Walters was charged with several burglaries in Maryland Heights. During one, he had cut the screen of the apartment of three female college students and stolen a pair of underwear from each of their dressers. For the encounter at Parkway and the burglaries, Walters was imprisoned for 2½ years.
In May 2003, he was caught in the garage of a home in Chesterfield. Police said he had been casing homes and keeping a journal of the comings and goings of women. He was sentenced to seven years for the burglary and paroled after serving about 4½ years.
St. Louis County Prosecuting Attorney Robert McCulloch originally sought the death penalty for Walters, but the perpetrator's mother's cooperation with the investigation led McCulloch to offer Walters a plea deal. That deal, which Walters took, featured a sentenced of two life without parole terms plus 45 years. "Today marks the end of a tragic situation. From the very beginning of this case, my primary concern was justice for Nancy Miller and the members of her family. This … was an appropriate sentence, all things considered."
During the sentencing hearing, presided over by Circuit Judge Richard C. Bresnahan, Walters never made a statement, but the victim's brother, Ben Nix did. "Nancy was the glue that made us even closer. She was the most loving, giving, caring human being on this Earth." Nix went on to tell how friends put together a memorial book, featuring her old St. Louis Post Dispatch columns.
He was arrested in 1999 in Charlotte, N.C., accused of beating and raping a teenage girl there, according to police and court records. He pleaded guilty to misdemeanor charges of assault and false imprisonment. A judge sentenced Walters to 120 days in jail and released him on time served. Later that year, a police officer found Walters outside Parkway North High School before dawn. Walters drove at the officer, who got out of the way.
Months later, Walters was charged with several burglaries in Maryland Heights. During one, he had cut the screen of the apartment of three female college students and stolen a pair of underwear from each of their dressers. For the encounter at Parkway and the burglaries, Walters was imprisoned for 2½ years.
In May 2003, he was caught in the garage of a home in Chesterfield. Police said he had been casing homes and keeping a journal of the comings and goings of women. He was sentenced to seven years for the burglary and paroled after serving about 4½ years.
St. Louis County Prosecuting Attorney Robert McCulloch originally sought the death penalty for Walters, but the perpetrator's mother's cooperation with the investigation led McCulloch to offer Walters a plea deal. That deal, which Walters took, featured a sentenced of two life without parole terms plus 45 years. "Today marks the end of a tragic situation. From the very beginning of this case, my primary concern was justice for Nancy Miller and the members of her family. This … was an appropriate sentence, all things considered."
During the sentencing hearing, presided over by Circuit Judge Richard C. Bresnahan, Walters never made a statement, but the victim's brother, Ben Nix did. "Nancy was the glue that made us even closer. She was the most loving, giving, caring human being on this Earth." Nix went on to tell how friends put together a memorial book, featuring her old St. Louis Post Dispatch columns.
Saturday, May 29, 2010
Peoria, IL serial offender sentenced to life for rape and burglary of woman's home
Malone used a key he obtained from the victim's Alcoholics Anonymous sponsor and broke into her apartment. He tied her up, forced her to drink a concoction of drugs and alcohol and then sexually assaulted her. Prosecutor Donna Cruz told the judge that it was "abundantly clear" that Malone was a danger to women and children, noting the several prior convictions for domestic or sexual-related charges over the years. Cruz also keyed into the drug-alcohol mixture, noting that at one point, the victim's breathing had slowed so greatly that she was rushed into a trauma room at the hospital.
Illinois has a three strikes law for Class X felonies, which include aggravated criminal sexual assault among other crimes. One of his previous crimes included the sexual abuse of a girl he had met in church, and Malone had previous domestic and sexual violence convictions.
While the victim and police detectives who worked on the case were in Peoria County Circuit Judge James Shadid's courtroom for the sentencing, Malone was in his cell, participating in the proceedings through a videolink which was set up when he refused to leave his Peoria County Jail cell.
Malone refused to leave his cell and threatened to sue if he was forced to attend his sentencing hearing, so Peoria County Circuit Judge James Shadid used the courtroom's video-conferencing monitor, usually used for video arraignment or bonding court, to have Malone participate.
He could be seen sitting in a wheelchair with his head in a large garbage can. Malone's reason for not wanting to leave was that he was sick. Throughout the half-hour session, Malone could be heard spitting in the can. Throughout the case, Malone has been difficult, at times refusing to participate in hearings and remaining slumped over in a wheelchair as if he had no idea what was going on.
Malone protested to the court, "I didn't do this, I have never done anything like this. And now you are throwing me out like a piece of garbage. I am going to pray for you. I am going to pray for all of you..Just do what you are going to do so I can get back. I am sick." Shadid said after Malone yelled at him, "That's right, you are sick..You're a predator who found fresh prey."
His "girlfriend," 23 year old Sorrel Blomley of Chalk River, BC, was sentenced to 10 years for burglary in a plea deal which required her to testify against Malone. Malone's life sentence is consecutive to the Knox County molestation charge, and will be followed by 30 years imprisonment for home invasion, failure to register as a sex offender and aggravated robbery.
Saturday, April 24, 2010
AM Rapist gets 75 to life for attacks on San Diego area women
The judge added: “There’s no question he deserves to die in prison.”
Authorities attributed a series of rapes that occurred from June 2000 to February 2001 in Ocean Beach, Mission Beach and the College Area to a suspect they dubbed the “A.M. Rapist.” The victims — all women in their mid-20s according to prosecutors — were awakened by an intruder who choked, fondled and raped them.
Each attack occurred in the pre-dawn hours, earning the sexual predator his nickname.
Eventually, DNA evidence linked [now 34 year old Stephen]Richardson, a former Navy man who had been stationed in San Diego at the time, to each of the crimes. According to court documents, Richardson was discharged from the Navy for psychological reasons and returned to the Chicago area in March 2001. At the time of his arrest, he was married, had earned bachelor’s and master’s degrees and worked in a management position at company earning $70,000 per year.
Richardson was arrested in the Chicago suburb of Arlington Heights last summer, and plead guilty to five counts of rape last month on the 12th. In addition, he is suspected of a sixth rape of an Arlington Heights woman who was sexually assaulted July 29, 2003, at 4AM. That DNA profile came back positive for a match with the other 5 assaults. Charges haven't yet been filed in that case, but the investigation is still continuing.
In court, with all five of his victims looking on, he claimed that depression, loneliness, and lack on control led him to burglarize and rape, and also led to attempted suicide by drug overdose.
“I was on a destructive path with nothing to lose,” Richardson said. “Today I’ve lost everything that has ever mattered to me...What I have done to each of you has haunted me over the years. I always felt that I was living on borrowed time, but I can’t change the past.”
Deputy District Attorney Elizabeth McCluthchey called Richardson a "wolf in sheep's clothing" because the sex predator appeared to the outside world to be a family man and an upstanding member of the military. Her assessment was seconded by Richardson's wife, who said in a statement submitted to the court that she had been "lied to, deceived and betrayed."
This was seconded by two victims who chose to make an impact statement.
"Stephen Richardson almost killed me, and the assault was the worst thing I've ever gone through in my life. Perhaps [he]will come to realize how devastating his actions were."
A second woman believes that she's being watched whenever she goes to the grocery store, and worries for the safety of her daughter.
Monday, February 22, 2010
Repeat sex offender sentenced to 40 years for rape
In the hours prior to the early-morning assault, the 23-year-old Iliff got drunk following a fight with his girlfriend. Iliff then drove into a residential neighborhood in south Jefferson County carrying duct tape and rope in a backpack.Iliff failed to get into the first home he tried to invade: He pried out window screens, cut the phone line and attempted unsuccessfully to pry the metal security bar out of the track of a sliding glass door.
He went next door and was able to get in. Inside the second home, the woman awoke to find Iliff with his hand over her mouth. He sexually assaulted the victim and then ran from the home. The victim immediately called 911 and was careful not to disturb any evidence left by her assailant, according to the Jefferson County Sheriff's Department.
Law enforcement lifted Iliff's fingerprints from the crime scene, leading to his arrest.
Jefferson County District Attorney Scott Storey priased the victim, saying, "The victim in the case showed extraordinary courage. She has serious health issues that have been exacerbated by the trauma of the sexual assault. In this case, with her full agreement, we let the defendant plead guilty to avoid going to trial and having to put the victim through the difficult process."
Saturday, February 13, 2010
17 year old sentenced to 16 years for burglary, attempted rape
Hamilton County Common Pleas Court Judge Charles Kubicki Jr. sentenced 17 year old Deonte Leary to 16 years for two burglaries and the attempted rape of a Madisonville, OH teacher yesterday. The sentence was part of a plea deal reached where Leary plead guilty to burglary, aggravated burglary, attempted rape and aggravated robbery. Two other charges were dropped against him.
Leary broke into a Madisonville home April 12, looking for money, but finding none. He accessed porn on the victim's computer instead. Two days later, he broke into the home of a Madisonville teacher, looking for more money. This time, Leary tried to rape the teacher, but she fought back, ripping off his mask while he ripped off her Ipod. All of the 16 year sentence must be served.
Leary broke into a Madisonville home April 12, looking for money, but finding none. He accessed porn on the victim's computer instead. Two days later, he broke into the home of a Madisonville teacher, looking for more money. This time, Leary tried to rape the teacher, but she fought back, ripping off his mask while he ripped off her Ipod. All of the 16 year sentence must be served.
Tuesday, December 29, 2009
15 year old Muskegon boy sentenced to 20-57 years for rape of 19 year old woman
15 year old Teddius Patterson, of Muskegon, MI, was sentenced to a term of 20 to 57 years today for the burglary and rape of a 19 year old woman last summer. Patterson, who had an extensive juvenile criminal record, was 14 at the time of the rape and burglary. He was found guilty by a judge in a bench trial earlier this month.
Patterson's sentence breaks down as follows - 18 to 55 years for 1st degree criminal sexual conduct; 8 to 20 years for 1st degree home invasion; 2 to 5 years for firearm theft, and a year each for two firearm posession counts. All sentences except the firearm posession counts will be served concurrently.
The attack happened the night of June 22 in the Margaret Street apartment of a 19-year-old woman. Patterson was 14 at the time, out on bond facing juvenile charges for an earlier break-in of an elderly woman’s home while she slept. He already had a record of juvenile convictions for arson and possession of cocaine with intent to deliver.
In testimony at Patterson’s trial and at an earlier probable-cause hearing, the victim told of being sexually groped by a young stranger she confronted in her apartment — then trying to shoot him dead with her husband’s loaded handgun, only to have the invader wrest the gun away and point it at her, repeating the sexual assault with his hand.
Patterson’s 48-year-old mother, who has spent much of her son’s life in prison for drug offenses and felonious assault and was most recently released in March 2008, wrote a letter to the judge pleading for mercy for Teddius and taking the blame on herself for his bad conduct. The boy was raised by his grandparents.
Senior Assistant Muskegon County Prosecutor D.J. Hilson asked for a long sentence for Patterson, citing the lack of remorse and that Patterson believed his confession was a lie. The attack, according to Hilson, was “an extremely traumatic event (for the victim). ... Every sound that happens in her home (now) causes her concern. Not only was the security of her home violated, but her own personal body was violated. It is only by the grace of God that she is not dead today."
14th Circuit Judge William C. Marietti said about the attack, “(This) is probably every woman’s nightmare...It leaves a very, very bad taste in this community’s mouth, a very bad taste in my mouth. This is devastating to this community, and particularly devastating to the victim." Because of previous felony convictions, "at some point I have to shift my focus from rehabilitating you ... to protecting the community."
Patterson's sentence breaks down as follows - 18 to 55 years for 1st degree criminal sexual conduct; 8 to 20 years for 1st degree home invasion; 2 to 5 years for firearm theft, and a year each for two firearm posession counts. All sentences except the firearm posession counts will be served concurrently.
The attack happened the night of June 22 in the Margaret Street apartment of a 19-year-old woman. Patterson was 14 at the time, out on bond facing juvenile charges for an earlier break-in of an elderly woman’s home while she slept. He already had a record of juvenile convictions for arson and possession of cocaine with intent to deliver.
In testimony at Patterson’s trial and at an earlier probable-cause hearing, the victim told of being sexually groped by a young stranger she confronted in her apartment — then trying to shoot him dead with her husband’s loaded handgun, only to have the invader wrest the gun away and point it at her, repeating the sexual assault with his hand.
Patterson’s 48-year-old mother, who has spent much of her son’s life in prison for drug offenses and felonious assault and was most recently released in March 2008, wrote a letter to the judge pleading for mercy for Teddius and taking the blame on herself for his bad conduct. The boy was raised by his grandparents.
Senior Assistant Muskegon County Prosecutor D.J. Hilson asked for a long sentence for Patterson, citing the lack of remorse and that Patterson believed his confession was a lie. The attack, according to Hilson, was “an extremely traumatic event (for the victim). ... Every sound that happens in her home (now) causes her concern. Not only was the security of her home violated, but her own personal body was violated. It is only by the grace of God that she is not dead today."
14th Circuit Judge William C. Marietti said about the attack, “(This) is probably every woman’s nightmare...It leaves a very, very bad taste in this community’s mouth, a very bad taste in my mouth. This is devastating to this community, and particularly devastating to the victim." Because of previous felony convictions, "at some point I have to shift my focus from rehabilitating you ... to protecting the community."
Wednesday, December 16, 2009
Buffalo, NY murderer, rapist sentenced to 40 to life
New York State Supreme Court Justice M. William Boller sentenced a murderer and rapist to a 40 years to life sentence Friday, December 11, saying that the attacker would have been condemmed if he had struck in either Texas of Florida.
[46 year old Earl Gill] pleaded guilty Nov. 5 to second-degree murder for the death of Johnson and first-degree rape for attacking a 46-year-old woman in the Travelers Lodge on Main Street on Jan. 8, 2006, punching her in the face when she resisted his advances.
Carter told the judge that if she is alive in 40 years when Gill comes up for parole, she will vigorously oppose his release. Gill, Carter said, "doesn't deserve to ever see freedom."
Gill's lawyer, Kevin W. Spitler, said Gill is "remorseful [and] accepts responsibility" for "his inability to control his addiction to drugs," his motive for the break-in.
After the victim awoke to discover Gill ransacking her house, she was sexually assaulted and choked — a plastic bag affixed over her face with duct tape to ensure her death.
Gill, who had been in custody since his arrest February 18, served two previous stints in the New York prison system. The terms were 3 years between 1987 & 1990 for a sex abuse conviction, and a decade between 1994 and 2004 for a burglary conviction.
[46 year old Earl Gill] pleaded guilty Nov. 5 to second-degree murder for the death of Johnson and first-degree rape for attacking a 46-year-old woman in the Travelers Lodge on Main Street on Jan. 8, 2006, punching her in the face when she resisted his advances.
Carter told the judge that if she is alive in 40 years when Gill comes up for parole, she will vigorously oppose his release. Gill, Carter said, "doesn't deserve to ever see freedom."
Gill's lawyer, Kevin W. Spitler, said Gill is "remorseful [and] accepts responsibility" for "his inability to control his addiction to drugs," his motive for the break-in.
After the victim awoke to discover Gill ransacking her house, she was sexually assaulted and choked — a plastic bag affixed over her face with duct tape to ensure her death.
Gill, who had been in custody since his arrest February 18, served two previous stints in the New York prison system. The terms were 3 years between 1987 & 1990 for a sex abuse conviction, and a decade between 1994 and 2004 for a burglary conviction.
Wednesday, November 18, 2009
Habitual criminal sentenced to at least 32 years for rape
A Greenville, NC man was sentenced to 32 to 39 years in prison Monday, November 16 for raping a 22 year old woman. James Lee Cotton, who turns 40 on November 22, was supposed to go to trial for the rape of the woman, but decided to enter an Alford (or no contest) plea. Superior Court Judge W. Russell Duke Jr. sentenced Cotton, and after he's released, he'll have to register as a sex offender.
Cotton was arrested in 2007 after DNA testing matched him to evidence collected in the 2002 rape. The woman, then 22, said she woke up to someone who put a pillow to her face, produced a knife and raped her, police reported. The suspect entered the residence through a partially opened window at the residence on East Fifth Street.
Cotton was in prison at the time of his arrest. N.C. Department of Correction records indicate Cotton had been convicted on multiple breaking and entering of vehicle charges and a habitual felon charge.
Cotton's plea spared him from a possible de facto life sentence for two counts of 1st degree rape, 1st degree sex offense, and a count of 1st degree burglary.
Cotton was arrested in 2007 after DNA testing matched him to evidence collected in the 2002 rape. The woman, then 22, said she woke up to someone who put a pillow to her face, produced a knife and raped her, police reported. The suspect entered the residence through a partially opened window at the residence on East Fifth Street.
Cotton was in prison at the time of his arrest. N.C. Department of Correction records indicate Cotton had been convicted on multiple breaking and entering of vehicle charges and a habitual felon charge.
Cotton's plea spared him from a possible de facto life sentence for two counts of 1st degree rape, 1st degree sex offense, and a count of 1st degree burglary.
Monday, November 16, 2009
Anchorwoman's killer, rapist sentenced to life without parole
Jury chooses life sentence in TV anchor killing
By CHUCK BARTELS (AP) – 3 days ago
LITTLE ROCK, Ark. — A jury sentenced a man to life in prison Thursday for the beating death of a popular Arkansas television personality, sparing him the death penalty after hearing testimony about his rocky upbringing by an abusive, drug-addicted mother.
Jurors deliberated less than three hours before recommending that Curtis Lavelle Vance, 29, be sentenced to life in prison without parole for the death of Anne Pressly. They also handed down a life sentence for rape, 20 years for burglary and 10 years for theft.
Pressly, 26, was an anchor on KATV's "Daybreak" program and had a bit part in the President George W. Bush biopic "W." She died Oct. 25, 2008, five days after a brutal assault that crushed her face and left her gasping for air.
Vance's mother testified Thursday that she was abusive, and a doctor said Vance showed signs of paranoia. Pressly's mother, Patti Cannady, told jurors Wednesday what it was like to lose an only child.
After the verdict was read, Cannady mouthed "It's OK" to prosecutor Larry Jegley, nodded, and tucked her hands over her heart. But as she left the courtroom, Cannady stopped and turned at the door. She leaned toward the defense attorneys and said, "You protected someone who should have never been protected."
Vance, who had appeared uncomfortable during much of his mother's testimony, showed no emotion as the sentence was read.
Jacqueline Vance Burnett had told jurors she was an abusive mother who had a number of crack-fueled run-ins with the law.
Burnett said she worked as a prostitute to earn money for drugs and once snapped after a "date" fell through. She said Vance had been left in charge of a younger brother and that when she returned, the brother was smearing feces on a wall. Burnett said she threw Vance into a brick wall several times until he nearly passed out.
She also told jurors she would buy drugs with money her children received from Social Security after their fathers died and that she had spent time in prison for burglary, forgery and theft.
Burnett said she has since gone through rehab and she apologized to Vance from the witness stand for throwing him against the wall. He mumbled something, then said "I love you, momma."
During closing arguments, prosecutor Larry Jegley called Vance's upbringing "an American tragedy," but he noted that siblings and other family members have led successful lives and said Vance's situation was a result of his own choices.
"Do I like it? No," Jegley said after the sentence was read. "But they can consider all of them. That's the law."
Defense lawyer Katherine Streett had urged jurors — who had convicted Vance a day earlier of capital murder, rape, burglary and theft of property — to have the "courage" to not impose the death penalty.
"The decision you're about to make may speak as much about you as it does about Curtis Vance," Streett said. If mitigation in this case ... has any meaning to you in a significant way, you do not have to kill him," Streett said.
Vance's attorneys did not comment after the sentence.
Another brother, B.J. Montgomery of Little Rock, testified that Vance played with him, made sure he did his homework and protected him from their mother. At times Vance would cook for the rest of the family, Montgomery said. "That's my brother, and I love him," he said.
Vance's girlfriend, Sheanika Cooper, said he often spoiled their three children, two girls and a boy.
A psychiatrist had told jurors Vance showed signs of paranoia and compared the man's brain to a car with bad wiring.
"Sometimes it works. Sometimes it doesn't," said Dr. Shawn Agharkar, who teaches at Morehouse and Emory universities.
Copyright © 2009 The Associated Press. All rights reserved
By CHUCK BARTELS (AP) – 3 days ago
LITTLE ROCK, Ark. — A jury sentenced a man to life in prison Thursday for the beating death of a popular Arkansas television personality, sparing him the death penalty after hearing testimony about his rocky upbringing by an abusive, drug-addicted mother.
Jurors deliberated less than three hours before recommending that Curtis Lavelle Vance, 29, be sentenced to life in prison without parole for the death of Anne Pressly. They also handed down a life sentence for rape, 20 years for burglary and 10 years for theft.
Pressly, 26, was an anchor on KATV's "Daybreak" program and had a bit part in the President George W. Bush biopic "W." She died Oct. 25, 2008, five days after a brutal assault that crushed her face and left her gasping for air.
Vance's mother testified Thursday that she was abusive, and a doctor said Vance showed signs of paranoia. Pressly's mother, Patti Cannady, told jurors Wednesday what it was like to lose an only child.
After the verdict was read, Cannady mouthed "It's OK" to prosecutor Larry Jegley, nodded, and tucked her hands over her heart. But as she left the courtroom, Cannady stopped and turned at the door. She leaned toward the defense attorneys and said, "You protected someone who should have never been protected."
Vance, who had appeared uncomfortable during much of his mother's testimony, showed no emotion as the sentence was read.
Jacqueline Vance Burnett had told jurors she was an abusive mother who had a number of crack-fueled run-ins with the law.
Burnett said she worked as a prostitute to earn money for drugs and once snapped after a "date" fell through. She said Vance had been left in charge of a younger brother and that when she returned, the brother was smearing feces on a wall. Burnett said she threw Vance into a brick wall several times until he nearly passed out.
She also told jurors she would buy drugs with money her children received from Social Security after their fathers died and that she had spent time in prison for burglary, forgery and theft.
Burnett said she has since gone through rehab and she apologized to Vance from the witness stand for throwing him against the wall. He mumbled something, then said "I love you, momma."
During closing arguments, prosecutor Larry Jegley called Vance's upbringing "an American tragedy," but he noted that siblings and other family members have led successful lives and said Vance's situation was a result of his own choices.
"Do I like it? No," Jegley said after the sentence was read. "But they can consider all of them. That's the law."
Defense lawyer Katherine Streett had urged jurors — who had convicted Vance a day earlier of capital murder, rape, burglary and theft of property — to have the "courage" to not impose the death penalty.
"The decision you're about to make may speak as much about you as it does about Curtis Vance," Streett said. If mitigation in this case ... has any meaning to you in a significant way, you do not have to kill him," Streett said.
Vance's attorneys did not comment after the sentence.
Another brother, B.J. Montgomery of Little Rock, testified that Vance played with him, made sure he did his homework and protected him from their mother. At times Vance would cook for the rest of the family, Montgomery said. "That's my brother, and I love him," he said.
Vance's girlfriend, Sheanika Cooper, said he often spoiled their three children, two girls and a boy.
A psychiatrist had told jurors Vance showed signs of paranoia and compared the man's brain to a car with bad wiring.
"Sometimes it works. Sometimes it doesn't," said Dr. Shawn Agharkar, who teaches at Morehouse and Emory universities.
Copyright © 2009 The Associated Press. All rights reserved
Saturday, September 5, 2009
Sex offender and burglar sentenced to 5 years prison, 10 years extended supervision
An Eau Claire man convicted of peeping, child porn, and burglary charges was sentenced to 5 years in prison with 10 years of extended supervision Thursday, September 3 by Eau Claire County Judge William Gabler.
Judge Gabler told Trever R. Kuhnert, 24, that as "a classic sex offender," "there is a need to protect the public and a need to provide for your rehabilitation...These were thrill crimes for you," Gabler said. "You got a rush by them. You have difficulty controlling your urges."
Kuhnert was sentenced on felony burglary and child pornography charges, and misdemeanor invasion of privacy charges.
Kuhnert was charged in December 2007 with invasion of privacy and two felony counts of burglary.
According to the criminal complaint in that case:
Police were called to a Lake Street home Dec. 3, 2007, and found Kuhnert looking into a window. He claimed to be urinating, but officers found no evidence in the snow on the ground.
Kuhnert then admitted to peeping and showed officers 31 other residences in the area he had visited in the past. He also took a laptop computer and cash from three residences on prior occasions after he saw their owners leave.
Kuhnert later was charged with 18 felony counts of possession of child pornography after authorities found child pornography on the laptop computer Kuhnert was accused of stealing.
According to court records:
Police were called to a Hudson Street house Nov. 21 on a report of a male looking through a back window. The suspect was seen leaving in a black Chevrolet Cavalier.
A short time later, police detained a man - later identified as Kuhnert - for peeking in windows on Niagara Street. Kuhnert was driving a Chevrolet Cavalier.
Following Kuhnert's arrest, police found a laptop computer in his vehicle.
An examination of the computer on Nov. 22 found several stored images of child pornography. The children in the videos appear to be between the ages of 3 and 12.
Five felony counts of possession of child pornography and an additional felony count of bail jumping were then filed against Kuhnert.
When Kuhnert is released, he will barred from unsupervised Internet access, barred from unsupervised access to children, and barred from going out at night without approval from his probation officer.
Judge Gabler told Trever R. Kuhnert, 24, that as "a classic sex offender," "there is a need to protect the public and a need to provide for your rehabilitation...These were thrill crimes for you," Gabler said. "You got a rush by them. You have difficulty controlling your urges."
Kuhnert was sentenced on felony burglary and child pornography charges, and misdemeanor invasion of privacy charges.
Kuhnert was charged in December 2007 with invasion of privacy and two felony counts of burglary.
According to the criminal complaint in that case:
Police were called to a Lake Street home Dec. 3, 2007, and found Kuhnert looking into a window. He claimed to be urinating, but officers found no evidence in the snow on the ground.
Kuhnert then admitted to peeping and showed officers 31 other residences in the area he had visited in the past. He also took a laptop computer and cash from three residences on prior occasions after he saw their owners leave.
Kuhnert later was charged with 18 felony counts of possession of child pornography after authorities found child pornography on the laptop computer Kuhnert was accused of stealing.
According to court records:
Police were called to a Hudson Street house Nov. 21 on a report of a male looking through a back window. The suspect was seen leaving in a black Chevrolet Cavalier.
A short time later, police detained a man - later identified as Kuhnert - for peeking in windows on Niagara Street. Kuhnert was driving a Chevrolet Cavalier.
Following Kuhnert's arrest, police found a laptop computer in his vehicle.
An examination of the computer on Nov. 22 found several stored images of child pornography. The children in the videos appear to be between the ages of 3 and 12.
Five felony counts of possession of child pornography and an additional felony count of bail jumping were then filed against Kuhnert.
When Kuhnert is released, he will barred from unsupervised Internet access, barred from unsupervised access to children, and barred from going out at night without approval from his probation officer.
Saturday, August 29, 2009
First two Dunbar Village rapists found guilty
WEST PALM BEACH, Fla. (AP) - Separate Palm Beach County juries have convicted two men in the gang rape and assault of a mother and her son during a home invasion two years ago.
The first jury deliberated 5 1/2 hours Friday before convicting 20-year-old Tommy Poindexter of rape, kidnapping, assault and burglary. He faces multiple life terms. A second jury returned less than two hours later, convicting 18-year-old Nathan Walker of similar charges.
The two were tried together but with separate juries. A third defendant, 16-year-old Avion Lawson, pleaded guilty and testified against Poindexter and Walker. A fourth defendant, 17-year-old Jakaris Taylor, is set for trial next month. Authorities say they identified the defendants with fingerprints and DNA. They are still seeking additional suspects.
The defendants made limited admissions to the attack, but also tried to deflect blame. Lawson claims he raped the woman once, then left soon after. Poindexter's attorney says her client raped the woman, but didn't participate in any other crimes. Walker's attorney hasn't acknowledged any guilt.
Authorities say fingerprints and DNA found on clothing and condoms inside the apartment identified the defendants. They are still seeking additional suspects.
The prosecutor told jurors that it doesn't matter how many of the crimes each defendant actually participated in — they are all equally responsible for the entire episode. Defense attorneys had argued the juries don't have to find guilt on all counts just because the suspects may have committed some of the crimes.
Earlier in the week, the female victim described for jurors the terrifying night of June 18, 2007, in her public housing complex apartment a few miles from downtown West Palm Beach.
She recounted how she prayed for her life and cried in pain as she was repeatedly raped and her son beaten by 10 masked, gun-toting teens. Then she testified about being forced to perform oral sex on her son. The victims were then doused with chemicals in an attempt to clean the crime scene.
Throughout the attack, the suspects demanded money, but she had none. The victims had fled even worse poverty in their native Haiti several years earlier, landing in the crime-plagued Dunbar Village housing complex where the attack occurred.
The first jury deliberated 5 1/2 hours Friday before convicting 20-year-old Tommy Poindexter of rape, kidnapping, assault and burglary. He faces multiple life terms. A second jury returned less than two hours later, convicting 18-year-old Nathan Walker of similar charges.
The two were tried together but with separate juries. A third defendant, 16-year-old Avion Lawson, pleaded guilty and testified against Poindexter and Walker. A fourth defendant, 17-year-old Jakaris Taylor, is set for trial next month. Authorities say they identified the defendants with fingerprints and DNA. They are still seeking additional suspects.
The defendants made limited admissions to the attack, but also tried to deflect blame. Lawson claims he raped the woman once, then left soon after. Poindexter's attorney says her client raped the woman, but didn't participate in any other crimes. Walker's attorney hasn't acknowledged any guilt.
Authorities say fingerprints and DNA found on clothing and condoms inside the apartment identified the defendants. They are still seeking additional suspects.
The prosecutor told jurors that it doesn't matter how many of the crimes each defendant actually participated in — they are all equally responsible for the entire episode. Defense attorneys had argued the juries don't have to find guilt on all counts just because the suspects may have committed some of the crimes.
Earlier in the week, the female victim described for jurors the terrifying night of June 18, 2007, in her public housing complex apartment a few miles from downtown West Palm Beach.
She recounted how she prayed for her life and cried in pain as she was repeatedly raped and her son beaten by 10 masked, gun-toting teens. Then she testified about being forced to perform oral sex on her son. The victims were then doused with chemicals in an attempt to clean the crime scene.
Throughout the attack, the suspects demanded money, but she had none. The victims had fled even worse poverty in their native Haiti several years earlier, landing in the crime-plagued Dunbar Village housing complex where the attack occurred.
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.
Wednesday, October 1, 2008
Mercersburg, PA man convicted of beating, raping "girlfriend"
A Mercersburg, Pennsylvania man was convicted of raping and beating his pregnant “girlfriend” Monday, September 29 after 2 hours of deliberation and a one day trial by a Franklin County Jury in Chambersburg. Marcus Riley, 21, was convicted of rape, involuntary deviate sexual intercourse, sexual assault, indecent assault, simple assault, criminal trespass and burglary in the January 17 attack at the 19 year old victim's home near St. Thomas, PA. Riley was also convicted of simpale assault for a November 12, 2007 attack.
The victim testified that Riley called her "all day and all night long" before the Jan. 17 incident. Two days before the rape, the woman testified she told Riley she intended to testify against him at a Jan. 22 preliminary hearing on the charges that he beat her up at an apartment in Greencastle, Pa.
On Jan. 17, he called her again, and after she hung up, she saw him pull into the driveway, she testified. When she would not allow him in, she heard a window in the kitchen being smashed. He came in the door and started beating and kicking her immediately, she testified.
"He started kicking me in the back and I started screaming about my baby," the woman testified. Riley forced her into her basement bedroom, urinated on her and sexually assaulted her, she testified.
“This wouldn't have happened if you just talked to me," the victim testified Riley said to her during the attack. Assistant District Attorney Lauren Sulcove showed pictured taken of the woman’s bruised, scratched face, and showed pictures of the woman’s eye swollen shut.
Pennsylvania State Police Troopers Courtney Pattillo, Jeffrey Bopp and Chad Corbett showed pictures of the crime scene featuring broken glass and a rock outside the door. Greencastle Police Officer Kevin Creager testified about the woman’s November assault injuries.
Defense attorney Allen Welch asked the woman whether the sex was consensual, which she denied. Welch also asked whether the woman was upset as Riley was leaving, shoved him into the kitchen door window, causing it to break, and received her injuries during an ensuing fight. The woman again denied that those things happened.
Both the prosecution and defense agreed the DNA taken from the victim’s rape kit came from Riley, who did not testify at the trial. Rape and some of the other crime are 1st degree felonies, carrying a maximum sentence of 20 years.
Judge Carol Van Horn scheduled Riley’s sentencing for January 7, 2009, so PA’s Sexual Offenders Assessment Board assesment under Megan’s Law can assess him. Van Horn also revoked Riley’s $500,000 bond.
The victim testified that Riley called her "all day and all night long" before the Jan. 17 incident. Two days before the rape, the woman testified she told Riley she intended to testify against him at a Jan. 22 preliminary hearing on the charges that he beat her up at an apartment in Greencastle, Pa.
On Jan. 17, he called her again, and after she hung up, she saw him pull into the driveway, she testified. When she would not allow him in, she heard a window in the kitchen being smashed. He came in the door and started beating and kicking her immediately, she testified.
"He started kicking me in the back and I started screaming about my baby," the woman testified. Riley forced her into her basement bedroom, urinated on her and sexually assaulted her, she testified.
“This wouldn't have happened if you just talked to me," the victim testified Riley said to her during the attack. Assistant District Attorney Lauren Sulcove showed pictured taken of the woman’s bruised, scratched face, and showed pictures of the woman’s eye swollen shut.
Pennsylvania State Police Troopers Courtney Pattillo, Jeffrey Bopp and Chad Corbett showed pictures of the crime scene featuring broken glass and a rock outside the door. Greencastle Police Officer Kevin Creager testified about the woman’s November assault injuries.
Defense attorney Allen Welch asked the woman whether the sex was consensual, which she denied. Welch also asked whether the woman was upset as Riley was leaving, shoved him into the kitchen door window, causing it to break, and received her injuries during an ensuing fight. The woman again denied that those things happened.
Both the prosecution and defense agreed the DNA taken from the victim’s rape kit came from Riley, who did not testify at the trial. Rape and some of the other crime are 1st degree felonies, carrying a maximum sentence of 20 years.
Judge Carol Van Horn scheduled Riley’s sentencing for January 7, 2009, so PA’s Sexual Offenders Assessment Board assesment under Megan’s Law can assess him. Van Horn also revoked Riley’s $500,000 bond.
Indy man who choked daughter's attacker to death won't face charges
A convicted sex offender who broke into the house a family rented from his uncle and was restrained by a 17 year old’s father until he choked to death died from a combination of strangulation and heart trouble, according to the Marion County coroner's office yesterday.
David Meyers, 52, broke into the NW Indianapolis home of Robert McNally, 64 around 3:20 Am Sunday, wearing only latex gloves and a a mask. Meyers also carried rope, condoms, and a knife when he broke into McNally’s 17 year old daughter’s bedroom. The girl screamed, and McNally wrapped his arm around Meyer’s neck until he died.
McNally is unlikely to face charges because he apparently used reasonable force to protect his daughter and himself, said Matthew Symons, spokesman for the Marion County prosecutor.
"We will do a standard review that we do in all such situations," Symons said.
An autopsy determined Meyers' cause of death to be asphyxia by strangulation with contributing cardiovascular disease, said Marchele Hall, the coroner's office manager.
McNally, who rented from Meyer’s uncle, called the incident “a lose-lose situation” and felt sorry for the offender’s family. He even asked to attend Meyer’s funeral. Meyer was convicted of criminal confinement and criminal deviate conduct in 1998. He lived with his mother a few hundred feet away from the McNally’s.
David Meyers, 52, broke into the NW Indianapolis home of Robert McNally, 64 around 3:20 Am Sunday, wearing only latex gloves and a a mask. Meyers also carried rope, condoms, and a knife when he broke into McNally’s 17 year old daughter’s bedroom. The girl screamed, and McNally wrapped his arm around Meyer’s neck until he died.
McNally is unlikely to face charges because he apparently used reasonable force to protect his daughter and himself, said Matthew Symons, spokesman for the Marion County prosecutor.
"We will do a standard review that we do in all such situations," Symons said.
An autopsy determined Meyers' cause of death to be asphyxia by strangulation with contributing cardiovascular disease, said Marchele Hall, the coroner's office manager.
McNally, who rented from Meyer’s uncle, called the incident “a lose-lose situation” and felt sorry for the offender’s family. He even asked to attend Meyer’s funeral. Meyer was convicted of criminal confinement and criminal deviate conduct in 1998. He lived with his mother a few hundred feet away from the McNally’s.
Sunday, September 14, 2008
Ocala rapist sentenced to life without parole
An Ocala serial rapist was sentenced to life without parole Thursday, September 11 for raping and burglarizing a woman in her home. Craig Branch, 33, was originally offered a 40 year sentence if he had plead guilty to rape. Florida sentencing guidelines called for a sentence of between 11 years and life for someone wi the same criminal history.
Last September, Branch reportedly entered a unit at the Carlton Arms apartment complex through an unlocked sliding glass door. He grabbed the victim - who was checking her messages on an answering machine - by the back of her hair and forced her to an upstairs bedroom, where he made her undress and then sexually assaulted her. He then took two beers from her refrigerator, a bottle of whiskey, several DVDs and her Nextel cellular phone.
Police officers tracked down Branch through the missing cell phone. They found him 100 yards away, back in his own unit in the same apartment complex.
Branch initially denied involvement and said he found the phone on a sidewalk.
DNA tests later revealed a match between the defendant and evidence left on the victim. She testified in court Thursday that since the incident she still has nightmares, doesn't like being home by herself and suffers from emotional trauma.
It goes to show you that if you are guilty and offered a plea deal, take it. The sentence you get for rolling the dice reflects not just the nature of the crime, but the fury at the resources wasted on a tril when there is ample evidence of your guilt.
Last September, Branch reportedly entered a unit at the Carlton Arms apartment complex through an unlocked sliding glass door. He grabbed the victim - who was checking her messages on an answering machine - by the back of her hair and forced her to an upstairs bedroom, where he made her undress and then sexually assaulted her. He then took two beers from her refrigerator, a bottle of whiskey, several DVDs and her Nextel cellular phone.
Police officers tracked down Branch through the missing cell phone. They found him 100 yards away, back in his own unit in the same apartment complex.
Branch initially denied involvement and said he found the phone on a sidewalk.
DNA tests later revealed a match between the defendant and evidence left on the victim. She testified in court Thursday that since the incident she still has nightmares, doesn't like being home by herself and suffers from emotional trauma.
It goes to show you that if you are guilty and offered a plea deal, take it. The sentence you get for rolling the dice reflects not just the nature of the crime, but the fury at the resources wasted on a tril when there is ample evidence of your guilt.
Rapist sentenced to 50 years with half to serve for attack on girlfriend
Tavaeras Lamont Kimble, 33, was sentenced to 50 years in prison last Tuesday with 50% remission based on good prison behavior, for raping, kidnapping, and burglarizing his ex-girlfriend's house last year. The 50 year sentence for aggravated sexual assault will be served concurrently with a 10 year sentence for kidnapping, and 5 years for burglary. He will also have to pay a $17,000 fine.
Kimble admitted in court Monday he headbutted and bit the woman, but claimed it was an "act of love." He denied everything else, including stealing her things. The 2 year relationship included 3 criminal trespass warnings, then a protective order against him.
On the day the woman filed for a protective order, Kimble attacked her outside a friend's house. According to testimony, Kimble followed her by car and then blocked her from leaving before throwing a rock through her passenger car window, which hit her in the arm, the woman said. Kimble, who is disabled and has back trouble from a 2002 car accident, then jumped through the broken window, head-butted the woman and bit her chest, she said.
The woman testified she got into Kimble's car and he drove her to his mother's house where he had sex with the former girlfriend against her will, keeping her for two days.
"He had done this much. I felt like I had no choice, but to do that," she testified Monday morning.
The woman told jurors she was finally able to reach out for help when Kimble let her go into a local grocery store alone, where she alerted an employee who called police, and Kimble was arrested.
Angelina County District Attorney Clyde Herrington asked the jury to find Kimble guilty so the victim could have justice.
"She's got scars on her body, but worse, on her spirit...It's a shame we need a women's shelter in our community, but it's because of people like Mr. Kimble that we do."
Bill Agnew, Kimble's attorney, said that "there's nowhere near enough evidence" to convict his client but conceded that the relationship was unhealthy.
"This was a very unhealthy, volatile relationship. There is no denying that. Did Mr. Kimble assault her? Yes, there is evidence indicating that, but he's not charged with that."
Kimble admitted in court Monday he headbutted and bit the woman, but claimed it was an "act of love." He denied everything else, including stealing her things. The 2 year relationship included 3 criminal trespass warnings, then a protective order against him.
On the day the woman filed for a protective order, Kimble attacked her outside a friend's house. According to testimony, Kimble followed her by car and then blocked her from leaving before throwing a rock through her passenger car window, which hit her in the arm, the woman said. Kimble, who is disabled and has back trouble from a 2002 car accident, then jumped through the broken window, head-butted the woman and bit her chest, she said.
The woman testified she got into Kimble's car and he drove her to his mother's house where he had sex with the former girlfriend against her will, keeping her for two days.
"He had done this much. I felt like I had no choice, but to do that," she testified Monday morning.
The woman told jurors she was finally able to reach out for help when Kimble let her go into a local grocery store alone, where she alerted an employee who called police, and Kimble was arrested.
Angelina County District Attorney Clyde Herrington asked the jury to find Kimble guilty so the victim could have justice.
"She's got scars on her body, but worse, on her spirit...It's a shame we need a women's shelter in our community, but it's because of people like Mr. Kimble that we do."
Bill Agnew, Kimble's attorney, said that "there's nowhere near enough evidence" to convict his client but conceded that the relationship was unhealthy.
"This was a very unhealthy, volatile relationship. There is no denying that. Did Mr. Kimble assault her? Yes, there is evidence indicating that, but he's not charged with that."
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