A Fruitland Township, MI man was sentenced to 12-25 years in prison Tuesday, April 12, 2011 after pleading to three counts of 1st degree criminal sexual conduct. He and a Manistee, MI woman were originally charged with three counts of 1st degree and 3rd degree criminal sexual conduct, respectively by Muskegon County officials.
The sexual assault charge stem from both perpetrators having sex with the woman's 21 year old developmentally disabled daughter, described as needing 9 to 16 hours of supervision a day by her case manager and as a girl with the mental capacity of a 10 to 13 year old. Both perpetrators were sentenced by Muskegon County 14th Circuit Judge William C. Marietti.
The victimization of the daughter by then 51 year old Mark Wayne Barnhard and her then 46 year old mother took place over several months in 2008, with the victim undergoing a sexual assault examination April 23, 2009. Both offenders were originally arraigned in May 2009.
According to a Muskegon County Sheriff's report, Barnhard -- using the alias "Mike Bradford" -- met the woman in an online chatroom more than a year and a half ago. He told police that the two later met in person and began having sex on numerous occasions at his Fruitland Township home.
At some point, Barnhard and the woman -- both married to other people -- decided they wanted to have a "three way" and the woman brought her 21-year-old mentally impaired daughter to Barnhard's house to participate, the report said.
Authorities were alerted to the alleged sexual abuse after the 21-year-old victim told her aunt that she might be pregnant by Barnhard. It turns out she was not, according to the report. Barnhard told investigators that both he and the victim's mother performed sex acts on the daughter.
"It was a secret life I had," he told investigators.
The mother was sentenced to 5 2/3 to 15 years imprisonment by Judge Marietti on September 15, 2009. The victim's aunt, now her guardian, said "when she gets dressed, there's not enough layers of shirts and sweaters."
When the young woman first arrived in her aunt and uncle's home, she barely spoke, and her family could see "fear in this young girl's eyes."
The victim's impact statement, read during the first sentencing by a family friend, said, "You did a very bad thing to me and let bad things happen to me...Why did you do this?" When the victim wanted the abuse to stop, instead of stopping,"you yelled at me and told me not to be a baby...You made me feel dirty and told many lies. I never want to be anything like you, Mom...I will never forgive or forget you, Mom... I hope you'll be gone for a long time."
Judge Marietti said that "this is probably the most outrageous and disgusting scenario that I have ever come across. It actually is beyond belief." Robert Hedges, a 22 year prosecutor in the Muskegon County court system, said "It's just awful. Even in the animal world, mothers care for their children."
Barnhard plead guilty to his three counts of 1st degree CSC on March 2, 2011, and was able to stay out on bond until his sentencing. At the sentencing, the family friend read another letter from the victim, this time directed at Barnhard. “Auntie wakes me up and I'm afraid to open my eyes, because I'm afraid it will be you. I scrub my skin until it's red and I can't feel clean. … Auntie and I moved far away and I still can't feel safe.” The aunt asked Barnhard, "Does it make you feel like a big man that this little girl's afraid of you? Calling you a monster is too good for you.”
Showing posts with label developmental disabilities. Show all posts
Showing posts with label developmental disabilities. Show all posts
Friday, April 22, 2011
Saturday, April 2, 2011
St. Paul, MN man pleads guilty to forcing disabled woman to perform oral sex on city bus
A 22 year old Twin Cities man pled guilty Wednesday, March 30 to coercing a young woman with Down's Syndrome to perform oral sex on a bus last winter. Herbert Lee House, 22, of St. Paul, will be sentenced to between 5 and 5 1/2 years in prison on May 18 for a single count of 3rd degree CSC by Ramsey County District Judge Margaret Marrinan on May 18.
The charges said House was on a Route 64 bus in St. Paul about 10:30 a.m. Feb. 22 when the victim, a 19-year-old woman, got on board with a group of other vulnerable adults and their caretaker. Two teenage boys told police that the woman sat next to House, then they saw the two switch places. They saw the woman's head "bobbing up and down in the man's lap," the criminal complaint said.
Prosecutor Karrin Long got House to admit that the woman he victimized was developmentally disabled. "You know now that [the victim] is very slow and very dependent on other people?" Long asked. "Yes," House said. The sex offense was also a violation of probation for other charges. House had a criminal history involving theft, drugs, and assaults.
The charges said House was on a Route 64 bus in St. Paul about 10:30 a.m. Feb. 22 when the victim, a 19-year-old woman, got on board with a group of other vulnerable adults and their caretaker. Two teenage boys told police that the woman sat next to House, then they saw the two switch places. They saw the woman's head "bobbing up and down in the man's lap," the criminal complaint said.
Prosecutor Karrin Long got House to admit that the woman he victimized was developmentally disabled. "You know now that [the victim] is very slow and very dependent on other people?" Long asked. "Yes," House said. The sex offense was also a violation of probation for other charges. House had a criminal history involving theft, drugs, and assaults.
Monday, September 13, 2010
Couple abuse developmentally disabled woman for 13 years starting when she was 14 - Woman sentenced to 40 years
(Original Post 5-10-08)
Sgt. Linda Cook, a Muncie, IN detective, is calling the case of a couple who has allegedly sexually abused a 27 year old developmentally disabled woman for the past 13 years a "most bizarre case." Duane Tackett, 48, and his wife Patricia, 47, are charged with sexually abusing the developmentally disabled woman.
Sgt. Linda Cook, a Muncie, IN detective, is calling the case of a couple who has allegedly sexually abused a 27 year old developmentally disabled woman for the past 13 years a "most bizarre case." Duane Tackett, 48, and his wife Patricia, 47, are charged with sexually abusing the developmentally disabled woman.
"It started here in Muncie when the girl was 14. She's presently 27. We believe they lived in Muncie for the first two years of this abuse then moved to Salyersville, Kentucky," said Sgt. Linda Cook, Muncie police.
The Tacketts had recently moved to a Muncie neighborhood from Kentucky. When a relative asked the victim why she was wearing a birth control patch, the woman told of the history of abuse and the relative then called police.
Police say Patricia Tackett and the victim were living in a home on Hodson Street with Duane Tackett still in Kentucky. Police records describe a regular patten of sexual abuse by both suspects. Investigators say the victim has the mental capacity of a child.
"We're looking at adding at least one rape count to each defendant because of the mental capacity of the victim," said Mark McKinney, Delaware County prosecutor.
"I believe it may have become part of her life and maybe it was accepted. She definitely tells me she doesn't want to do it anymore and doesn't like the people that did this to her."
The break in the case occured when the victim told an aunt that Duane Tackett repeatedly had sex with her for the past 13 years. Duane Tackett was persuaded to return to Indiana to face the sex charges according to Cook. Underlying issues regarding the abuse include not wanting the woman to "date" other men.
Patricia Ann Tackett, 47, 124 1/2 N. Hodson St., was arrested this week on a preliminary charge of sexual misconduct with a minor.
Her husband, Duane Ray Tackett, 48, was taken into custody Wednesday, preliminarily charged with sexual misconduct with a minor, criminal deviate conduct and child solicitation. They were being held without bond in the Delaware County jail late Wednesday.
Formal charges the Tacketts face may also include rape, as mentioned above. They are being held without bond and face Kentucky charges as well.
(Update 9-13-10) Patricia Tackett was sentenced to 40 years in prison August 24 by Judge Marianne Vorhees in Delaware Circuit Court 1. Judge Vorhees believed that Patricia Tackett's crimes were "very disturbing, almost beyond belief," and merited a term of as much as 60 years behind bars.
A Delaware County Circuit Court 1 jury found her guilty July 28 of rape, sexual misconduct with a minor, and child solicitation. Child solicitation is a Class D felony carrying a standard 1 1/2 year sentenced - the other felonies are Class B felonies with a standard 10 year sentence. Testimony said that the Tacketts both participated in assults on the woman lasting for at least 14 years.
"The details of this crime are shocking," said Chief Deputy Prosecutor Jeffrey Arnold, who recommended a 38-year sentence.
Defense attorney Kelly Bryan suggested a 10-year sentence with four years suspended, asking the judge to consider "a certain element of provocation and control here, at the hands of her spouse."
[P]robation officer Teresa Brown told the judge that in a pre-sentence interview, Tackett had expressed little remorse for her actions, instead blaming a family member who had learned of the sexual abuse and alerted authorities.
"Not only did she not take responsibility for this crime, she's still having continuous contact with Duane Tackett, who's coming to see her at the jail," Brown said. Brown said the victim -- now 30 and described as having the mental capacity of an 8-year-old -- had told her the Tacketts "should be made to stop so that they won't hurt anyone else, and stay in jail."
At the sentencing hearing, Patricia Tackett said to the victim, who was not present, "I feel so hurt because I let you down...Please forgive me for all I have done." Judge Vorhees, for her part, said that "I believe in my heart she knew exactly what was going on and she knew it was wrong," the judge said. "And she did nothing to stop it." As for her expression of remorse, it was, in Vorhees' opinion, "way too little, (and) way, way, way too late, probably 14, 15, 16 years too late."
(Update 9-13-10) Patricia Tackett was sentenced to 40 years in prison August 24 by Judge Marianne Vorhees in Delaware Circuit Court 1. Judge Vorhees believed that Patricia Tackett's crimes were "very disturbing, almost beyond belief," and merited a term of as much as 60 years behind bars.
A Delaware County Circuit Court 1 jury found her guilty July 28 of rape, sexual misconduct with a minor, and child solicitation. Child solicitation is a Class D felony carrying a standard 1 1/2 year sentenced - the other felonies are Class B felonies with a standard 10 year sentence. Testimony said that the Tacketts both participated in assults on the woman lasting for at least 14 years.
"The details of this crime are shocking," said Chief Deputy Prosecutor Jeffrey Arnold, who recommended a 38-year sentence.
Defense attorney Kelly Bryan suggested a 10-year sentence with four years suspended, asking the judge to consider "a certain element of provocation and control here, at the hands of her spouse."
[P]robation officer Teresa Brown told the judge that in a pre-sentence interview, Tackett had expressed little remorse for her actions, instead blaming a family member who had learned of the sexual abuse and alerted authorities.
"Not only did she not take responsibility for this crime, she's still having continuous contact with Duane Tackett, who's coming to see her at the jail," Brown said. Brown said the victim -- now 30 and described as having the mental capacity of an 8-year-old -- had told her the Tacketts "should be made to stop so that they won't hurt anyone else, and stay in jail."
At the sentencing hearing, Patricia Tackett said to the victim, who was not present, "I feel so hurt because I let you down...Please forgive me for all I have done." Judge Vorhees, for her part, said that "I believe in my heart she knew exactly what was going on and she knew it was wrong," the judge said. "And she did nothing to stop it." As for her expression of remorse, it was, in Vorhees' opinion, "way too little, (and) way, way, way too late, probably 14, 15, 16 years too late."
Monday, June 28, 2010
Cook County, IL press release - Chicago female sex offender captured, imprisoned
On May 5th, 2008, a warrant was issued for Simms’ arrest after she violated probation and fled her home without notification. Simms’ mugshot and information was placed on the sheriff’s website as one of Cook County’s Most Wanted.
Based on a nationwide alert, Louisiana authorities apprehended Simms and returned her to Chicago on June 14th. On June 23, she was sentenced to one year imprisonment on two counts of aggravated criminal sexual assault and four counts of criminal sexual abuse/can’t consent.
Simms will be transferred to the Illinois Department of Corrections to fulfill the remainder of her sentence. She has received 303 days credit for time served while in jail in 2008.
Van driver pleads guilty to groping developmentally disabled passenger
A 67 year old van driver plead guilty to 4th degree criminal sexual conduct for groping a disabled woman with an IQ of 49 on February 23, 2009. Minnesota City, MN resident David Michael Taylor plead guilty to the 4th degree count Wednesday, June 23.
At the time of the incident, Taylor was a driver for Winona ORC Industries, a company that provides job opportunities to disabled area residents. ORC officials fired Taylor after an internal investigation. He admitted Wednesday that he kissed the woman and groped her breast. The woman told police she twice asked Taylor to stop.
Taylor admitted that he had sexual contact with the woman, but claimed that it was consensual, and admitted to police he “knew that (the victim) wasn’t all quite there.” His counsel, J.P. Plachecki, said the victim considered Taylor to be her "boyfriend." Taylor called the conduct with the victim "a little tryst" at his plea hearing.
Judge Mary Leahy will sentence Taylor later this summer, but before September 15. He'll be required to register with the state of Minnesota as a predatory offender.
At the time of the incident, Taylor was a driver for Winona ORC Industries, a company that provides job opportunities to disabled area residents. ORC officials fired Taylor after an internal investigation. He admitted Wednesday that he kissed the woman and groped her breast. The woman told police she twice asked Taylor to stop.
Taylor admitted that he had sexual contact with the woman, but claimed that it was consensual, and admitted to police he “knew that (the victim) wasn’t all quite there.” His counsel, J.P. Plachecki, said the victim considered Taylor to be her "boyfriend." Taylor called the conduct with the victim "a little tryst" at his plea hearing.
Judge Mary Leahy will sentence Taylor later this summer, but before September 15. He'll be required to register with the state of Minnesota as a predatory offender.
Saturday, January 2, 2010
Felon who raped "girlfriend's" disabled niece sentence to 12 years imprisonment
A California felon who had a previous federal conviction for bank robbery received a 12 year sentence for the rape of his girlfriend's developmentally disabled niece. Bruce Joseph Clemmons, 54, of Seaside, CA, was caught after his "girlfriend," the victim's aunt and guardian, called police on October 9, 2007, suspecting that he had sexual intercourse with her 27 year old developmentally disabled niece. These issues prevented police from questioning the victim in-depth, though she was able to tell investigators about the sexual contact with Clemmons.
Clemmons admitted the sexual contact, and knowing about the victim's issues. The conviction is his 2nd strike, and he will be on the sex offender registry for life.
Clemmons admitted the sexual contact, and knowing about the victim's issues. The conviction is his 2nd strike, and he will be on the sex offender registry for life.
Monday, October 5, 2009
"Caretaker" sentenced to life for torture death of mentally disabled woman
By TRACY MCLAUGHLIN, SPECIAL TO SUN MEDIA
Last Updated: 3rd October 2009, 3:34am
BARRIE, Ont. -- In calm voice, a brave mother whose daughter was brutally murdered with a blowtorch stood at the front of the courtroom yesterday and said she is afraid that she will be eaten alive by her pain.
"My daughter would have forgiven with her great big heart, but I am not Katlin and forgiveness is not here with me today," said Deborah Laramay. Then turning to face the man in the prisoner's box, she told him how she lives each day with the haunting memories.
"Not only is my daughter gone, but she was taken in such a cruel, horrible way by those she thought were her friends."
She was speaking to Paul Bradey, 45, who sat without emotion as he looked back at her. Yesterday he was sentenced to life in prison with no parole for 25 years for torturing Katlin Cousineau to death with a blowtorch in the basement of his home on Nov. 13, 2007.
Throughout the trial the jury, who showed up for the sentencing yesterday, never heard any explanation as to why the 23-year-old mentally handicapped woman was routinely beaten and abused when she lived at Bradey's Midland, Ont., home with three other adults.
One witness who admitted to participating in handcuffing and beating Katlin testified it was a "possessed" house and told how he poured gasoline over her dead and tortured body in the form of a pentacle before he set her and the entire house on fire to destroy the evidence.
Last Updated: 3rd October 2009, 3:34am
BARRIE, Ont. -- In calm voice, a brave mother whose daughter was brutally murdered with a blowtorch stood at the front of the courtroom yesterday and said she is afraid that she will be eaten alive by her pain.
"My daughter would have forgiven with her great big heart, but I am not Katlin and forgiveness is not here with me today," said Deborah Laramay. Then turning to face the man in the prisoner's box, she told him how she lives each day with the haunting memories.
"Not only is my daughter gone, but she was taken in such a cruel, horrible way by those she thought were her friends."
She was speaking to Paul Bradey, 45, who sat without emotion as he looked back at her. Yesterday he was sentenced to life in prison with no parole for 25 years for torturing Katlin Cousineau to death with a blowtorch in the basement of his home on Nov. 13, 2007.
Throughout the trial the jury, who showed up for the sentencing yesterday, never heard any explanation as to why the 23-year-old mentally handicapped woman was routinely beaten and abused when she lived at Bradey's Midland, Ont., home with three other adults.
One witness who admitted to participating in handcuffing and beating Katlin testified it was a "possessed" house and told how he poured gasoline over her dead and tortured body in the form of a pentacle before he set her and the entire house on fire to destroy the evidence.
Friday, August 21, 2009
Mother sues over bus driver's sex abuse of daughter
Mother of mentally challenged woman sues bus driver accused of fondling her daughter
by Jennifer Golson/The Star-Ledger
Sunday August 16, 2009, 12:30 PM
HUNTERDON COUNTY -- The mother of a mentally challenged Hunterdon County woman is suing the bus driver accused of fondling her daughter on several occasions and the man's former employer.
The complaint, filed recently in Superior Court in Flemington, accuses Califon resident Gary Sherratt, 69, of inflicting emotional distress and battery for abuse the then-28-year-old woman allegedly suffered between late 2007 and the first five months of 2008, on her way home from a job training program. Her name is being withheld by The Star-Ledger because she is an alleged victim of sexual assault.
Easton Coach Co. is accused of negligence for failing to investigate Sherratt before hiring him, according to the lawsuit filed by Phillipsburg-based attorney Edward Glynn on behalf of the victim's mother.
Easton has a contract with the county and transports individuals with disabilities, such as the alleged victim, the lawsuit states.
The victim functions on the level of a 12-year-old, Glynn said. She told her mother about the alleged abuse, and the mother notified authorities, the lawyer said.
Sherratt "basically sexually molested a mentally incompetent person," Glynn said in a telephone interview. "This happened a number of times, where he would take everybody else to their residences and drop them off, and he would have to go out of his way to do it," ensuring that the victim was the last passenger, the lawyer said.
Sherratt called the claims "absolutely false."
"I was the least likely to have done it," he said.
Sherratt was charged with one count of third-degree aggravated criminal sexual contact, said Hunterdon County Assistant Prosecutor Brian Shevlin, who represented the state. Authorities narrowed the time period for the alleged assaults to between March 1 and May 28, 2008. Sherratt did not plead guilty, but he was admitted into the pretrial intervention program for two years.
Sherratt said he only applied for PTI because his lawyer advised him to, "on the assumption that it could go either way, because of the circumstances."
Joe Scott, president and chief executive officer of the company based in Easton, Pa., said company officials are aware of the situation. He declined comment on the lawsuit, saying he has not seen it.
The 7-year-old company has several public contracts working with transportation authorities or county agencies, Scott said.
Once they learned of the investigation, "our standard procedure is to take him out of service, with a complaint of that type and magnitude," he said. Sherratt was suspended with pay during the investigation, which lasted about six months.
Sherratt no longer works for the busing company, Scott said, and it is unclear what will happen after he completes the PTI program. "He's not officially terminated, but we would not employ somebody who was in that type of program," Scott said.
Easton is still the road operator for Hunterdon County's Community Transportation system, the LINK, said Pamela Pontrelli, county human services administrator. Hunterdon paid them about $2.7 million in 2008.
The victim was one of the passengers with disabilities whom Sherratt transported to a day program in Flemington, according to the lawsuit. On various occasions, he "inappropriately and illegally" touched the victim, committing battery, the lawsuit states.
The victim "sustained psychological harm and injuries, severe emotional distress and other injuries of a severe nature, requiring extensive treatment/counseling," the lawsuit says.
Easton Coach "was negligent in failing to investigate defendant, Gary Sherratt, prior to hiring him, failing to monitor his actions while on the job, failing to properly supervise him while on the job, failing to investigate him after hiring him, and was otherwise generally negligent in allowing Gary Sherratt to become involved in circumstances and settings where he was able to accomplish the illegal and improper acts," the lawsuit says.
by Jennifer Golson/The Star-Ledger
Sunday August 16, 2009, 12:30 PM
HUNTERDON COUNTY -- The mother of a mentally challenged Hunterdon County woman is suing the bus driver accused of fondling her daughter on several occasions and the man's former employer.
The complaint, filed recently in Superior Court in Flemington, accuses Califon resident Gary Sherratt, 69, of inflicting emotional distress and battery for abuse the then-28-year-old woman allegedly suffered between late 2007 and the first five months of 2008, on her way home from a job training program. Her name is being withheld by The Star-Ledger because she is an alleged victim of sexual assault.
Easton Coach Co. is accused of negligence for failing to investigate Sherratt before hiring him, according to the lawsuit filed by Phillipsburg-based attorney Edward Glynn on behalf of the victim's mother.
Easton has a contract with the county and transports individuals with disabilities, such as the alleged victim, the lawsuit states.
The victim functions on the level of a 12-year-old, Glynn said. She told her mother about the alleged abuse, and the mother notified authorities, the lawyer said.
Sherratt "basically sexually molested a mentally incompetent person," Glynn said in a telephone interview. "This happened a number of times, where he would take everybody else to their residences and drop them off, and he would have to go out of his way to do it," ensuring that the victim was the last passenger, the lawyer said.
Sherratt called the claims "absolutely false."
"I was the least likely to have done it," he said.
Sherratt was charged with one count of third-degree aggravated criminal sexual contact, said Hunterdon County Assistant Prosecutor Brian Shevlin, who represented the state. Authorities narrowed the time period for the alleged assaults to between March 1 and May 28, 2008. Sherratt did not plead guilty, but he was admitted into the pretrial intervention program for two years.
Sherratt said he only applied for PTI because his lawyer advised him to, "on the assumption that it could go either way, because of the circumstances."
Joe Scott, president and chief executive officer of the company based in Easton, Pa., said company officials are aware of the situation. He declined comment on the lawsuit, saying he has not seen it.
The 7-year-old company has several public contracts working with transportation authorities or county agencies, Scott said.
Once they learned of the investigation, "our standard procedure is to take him out of service, with a complaint of that type and magnitude," he said. Sherratt was suspended with pay during the investigation, which lasted about six months.
Sherratt no longer works for the busing company, Scott said, and it is unclear what will happen after he completes the PTI program. "He's not officially terminated, but we would not employ somebody who was in that type of program," Scott said.
Easton is still the road operator for Hunterdon County's Community Transportation system, the LINK, said Pamela Pontrelli, county human services administrator. Hunterdon paid them about $2.7 million in 2008.
The victim was one of the passengers with disabilities whom Sherratt transported to a day program in Flemington, according to the lawsuit. On various occasions, he "inappropriately and illegally" touched the victim, committing battery, the lawsuit states.
The victim "sustained psychological harm and injuries, severe emotional distress and other injuries of a severe nature, requiring extensive treatment/counseling," the lawsuit says.
Easton Coach "was negligent in failing to investigate defendant, Gary Sherratt, prior to hiring him, failing to monitor his actions while on the job, failing to properly supervise him while on the job, failing to investigate him after hiring him, and was otherwise generally negligent in allowing Gary Sherratt to become involved in circumstances and settings where he was able to accomplish the illegal and improper acts," the lawsuit says.
Saturday, August 15, 2009
"Caregiver" convicted of raping developmentally disabled woman in Washington home
(Original Post 7-18-09)
Joseph Thurura, a Kenyan immigrant, was convicted of 2nd degree rape in a sexual assault on a 45 year old developmentally disabled woman who had been previously victimized. Thurura was found guilty in a bench trial Thursday, July 16 after the victim miscarried the baby Thurura had with her.
DNA samples were taken from 11 men who had access to the victim at the Kent, WA assisted living facility where Thurura was supposed to care for the victim. The victim is blind and mute, and is legally incapable of consent. King County Superior Court Judge Richard McDermott presided over the trial, and will sentence him to between 6 1/2 and 8 1/2 years in prison at the Norm Maleng Regional Justice Center in Kent August 14.
(Update 8-15-09)
Thurura was sentenced to 8 1/2 years to life yesterday. The victim's mother spoke out on behalf of her daughter, who has the developmental capacitiy of an 11 month old girl.
"[She] was tortured and raped repeatedly over a long period of time in her own home -- in her own bed. I believe that Mr. Thurura should be removed from society so that other human beings can be safe from him."
King County Superior Court Judge Richard McDermott said that "If I could send you, Mr. Thurura, to twice the amount of time, or three times the amount of time, I would do so in a heartbeat...It is difficult for me, as a judge sitting here, to conceive of a more heinous offense. You took advantage of and violated one of the most vulnerable members of our society."
After the 8 1/2 years are up, the Indeterminate Sentencing Review Board will review the sentence, ultimately deciding how much more time he has to serve. If Thurura is released, he'll have to register as a sex offender. In Washington, rape resulting in pregnancy only results in aggravation when the victim is a child, not when the victim is an adult, even in severely disabled. In other states, pregnancy is an aggravating factor in rape sentencing.
Joseph Thurura, a Kenyan immigrant, was convicted of 2nd degree rape in a sexual assault on a 45 year old developmentally disabled woman who had been previously victimized. Thurura was found guilty in a bench trial Thursday, July 16 after the victim miscarried the baby Thurura had with her.
DNA samples were taken from 11 men who had access to the victim at the Kent, WA assisted living facility where Thurura was supposed to care for the victim. The victim is blind and mute, and is legally incapable of consent. King County Superior Court Judge Richard McDermott presided over the trial, and will sentence him to between 6 1/2 and 8 1/2 years in prison at the Norm Maleng Regional Justice Center in Kent August 14.
(Update 8-15-09)
Thurura was sentenced to 8 1/2 years to life yesterday. The victim's mother spoke out on behalf of her daughter, who has the developmental capacitiy of an 11 month old girl.
"[She] was tortured and raped repeatedly over a long period of time in her own home -- in her own bed. I believe that Mr. Thurura should be removed from society so that other human beings can be safe from him."
King County Superior Court Judge Richard McDermott said that "If I could send you, Mr. Thurura, to twice the amount of time, or three times the amount of time, I would do so in a heartbeat...It is difficult for me, as a judge sitting here, to conceive of a more heinous offense. You took advantage of and violated one of the most vulnerable members of our society."
After the 8 1/2 years are up, the Indeterminate Sentencing Review Board will review the sentence, ultimately deciding how much more time he has to serve. If Thurura is released, he'll have to register as a sex offender. In Washington, rape resulting in pregnancy only results in aggravation when the victim is a child, not when the victim is an adult, even in severely disabled. In other states, pregnancy is an aggravating factor in rape sentencing.
Friday, September 26, 2008
Abuser of disabled woman gets 2 years added to sentence
A 62 year old Chippewa Falls, WI man who was the caregiver of a 37 year old developmentally disabled woman with the mental capacity of an 8 year old had his sentence increased from 6 to 8 years after an appeal of his sentence. The appeal was due to procedural guidelines not being followed.
Donald Newell was convicted in October of abusing the woman in the nursing home in which she lived. Chippewa County Assistant District Attorney Wade Newell, not related to the appellant, stated that yesterday's hearing was a procedural hearing meant to update case information.
Judge Roderick Cameron stated that a bunch of aggravated factors, including denial of the harm done by the sexual abuse, Donald's position of trust and power over his victim, and denial of the cognitive limitations of the victim, lead him to increase the prison sentence from 6 to 8 years. Newell will also serve 15 years of extended supervision, given after the end of a custodial sentence.
Donald Newell had been the 37-year-old woman's personal caregiver in 2003 when the assaults occurred. He maintained it had been a consensual relationship, although the woman had been assessed with the mental capacity of an 8-year-old child.
Donald Newell disputed claims her cognitive ability was limited, and he compared her to Helen Keller "who everyone thought was useless until someone wanted to help her."
Donald Newell told the court in his "defense" that the victim and him were having an affair, and that most politicians (And I must add, men in general!) would be in prison if affairs were illegal (which they technically are in many states.)
"Three different people knew [she] and I were having an affair, and they did nothing. They did not tell me it would be a crime. I love [her] very much still and am praying she gets freedom from the people who are still abusing her. No matter what happens today, I am still going to fight for [her]."
Prosecutor Newell stated that the defendant simply did not understand what he did wrong and that showed a lack of responsibility or remorse.
"In a lot of situations this would be a low-risk person, but he had all that going for him yet he continued to commit crime. He would not benefit from treatment because there is nothing to treat. He doesn't think he has done anything wrong. He still doesn't get it. He takes no responsibility for what he's done."
Donald Newell was convicted in October of abusing the woman in the nursing home in which she lived. Chippewa County Assistant District Attorney Wade Newell, not related to the appellant, stated that yesterday's hearing was a procedural hearing meant to update case information.
Judge Roderick Cameron stated that a bunch of aggravated factors, including denial of the harm done by the sexual abuse, Donald's position of trust and power over his victim, and denial of the cognitive limitations of the victim, lead him to increase the prison sentence from 6 to 8 years. Newell will also serve 15 years of extended supervision, given after the end of a custodial sentence.
Donald Newell had been the 37-year-old woman's personal caregiver in 2003 when the assaults occurred. He maintained it had been a consensual relationship, although the woman had been assessed with the mental capacity of an 8-year-old child.
Donald Newell disputed claims her cognitive ability was limited, and he compared her to Helen Keller "who everyone thought was useless until someone wanted to help her."
Donald Newell told the court in his "defense" that the victim and him were having an affair, and that most politicians (And I must add, men in general!) would be in prison if affairs were illegal (which they technically are in many states.)
"Three different people knew [she] and I were having an affair, and they did nothing. They did not tell me it would be a crime. I love [her] very much still and am praying she gets freedom from the people who are still abusing her. No matter what happens today, I am still going to fight for [her]."
Prosecutor Newell stated that the defendant simply did not understand what he did wrong and that showed a lack of responsibility or remorse.
"In a lot of situations this would be a low-risk person, but he had all that going for him yet he continued to commit crime. He would not benefit from treatment because there is nothing to treat. He doesn't think he has done anything wrong. He still doesn't get it. He takes no responsibility for what he's done."
Thursday, July 31, 2008
Caregiver faces mandatory minimum of 25 years after rape, sodomy convictions
A former caregiver of a woman who was raped by him faces a mandatory minimum sentence of 25 years in prison after being convicted of the rape and sodomy of a brain injured 70 year old woman. The woman suffered injuries in a car crash in her 20s which killed her husband and led her parents to take care of their two kids, one of which was born after the crash.
John Alvin Taylor, 59, was convicted of 3 counts each of 1st degree rape and 1st degree sodomy by Marion County Circuit Judge Susan Tripp after a bench trial whose closing arguments ended last June.
The woman, now 73, was sexually assaulted in September 2005 in the McKillop Residence on the campus of Marian Estates, an assisted-care facility in Sublimity where Taylor worked.
During the trial, the woman testified that she did not want to have sex with Taylor, but that he came into her room several times.
The abuse was reported after another caregiver found a condom wrapper in the woman's apartment.
Taylor worked for the facility from June 2004 to September 2005, and his responsibilities included changing beds, washing laundry, serving food and cleaning, according to one of his statements.
Taylor’s attorney objected to testimony about the woman’s dimished capacity, but Judge Tripp allowed the evaluation.
Deputy District Attorney Matt Kemmy, who prosecuted the case, said that “it was important to convict this guy, to not only to get him out of the caretaking business but to put him in prison… I don't think she was able to grasp how serious it was, what he was subjecting her to… Given her mental capabilities, she would have been prey to the will of the defendant," Tripp wrote in her ruling.
John Alvin Taylor, 59, was convicted of 3 counts each of 1st degree rape and 1st degree sodomy by Marion County Circuit Judge Susan Tripp after a bench trial whose closing arguments ended last June.
The woman, now 73, was sexually assaulted in September 2005 in the McKillop Residence on the campus of Marian Estates, an assisted-care facility in Sublimity where Taylor worked.
During the trial, the woman testified that she did not want to have sex with Taylor, but that he came into her room several times.
The abuse was reported after another caregiver found a condom wrapper in the woman's apartment.
Taylor worked for the facility from June 2004 to September 2005, and his responsibilities included changing beds, washing laundry, serving food and cleaning, according to one of his statements.
Taylor’s attorney objected to testimony about the woman’s dimished capacity, but Judge Tripp allowed the evaluation.
Deputy District Attorney Matt Kemmy, who prosecuted the case, said that “it was important to convict this guy, to not only to get him out of the caretaking business but to put him in prison… I don't think she was able to grasp how serious it was, what he was subjecting her to… Given her mental capabilities, she would have been prey to the will of the defendant," Tripp wrote in her ruling.
Tuesday, July 29, 2008
Provo, UT man sentenced for sex with disabled woman
A Provo, UT man was sentenced to up to 5 years in prison for having sex with a woman with spina bifida who had the "understanding of a teenager," according to court documents.
A charge of first-degree felony rape was dismissed against Jessie Ervin Dodds as part of a plea deal, and the charge of attempted forcible sexual abuse was reduced from a second-degree to a third-degree felony. Dodds, 30, admitted after his June 1 arrest to having sexual intercourse with a woman who he said ''may not have been able to understand what was happening,'' according to a police affidavit.
Dodds, a longtime family friend, raped the woman May 30. He was on probation for 3rd degree felony forgery and theft, but the new charges will be served concurrently, not consecutively with the 0 to 5 year sentences for the other convictions reinstated due to the probation violation.
A charge of first-degree felony rape was dismissed against Jessie Ervin Dodds as part of a plea deal, and the charge of attempted forcible sexual abuse was reduced from a second-degree to a third-degree felony. Dodds, 30, admitted after his June 1 arrest to having sexual intercourse with a woman who he said ''may not have been able to understand what was happening,'' according to a police affidavit.
Dodds, a longtime family friend, raped the woman May 30. He was on probation for 3rd degree felony forgery and theft, but the new charges will be served concurrently, not consecutively with the 0 to 5 year sentences for the other convictions reinstated due to the probation violation.
Tuesday, June 24, 2008
Oshkosh, WI man charged in rape of disabled woman
Steven D. Deichsel, a 52 year old Oshkosh man, was charged with the sexual assault of a mentally and physically disabled woman Tuesday, June 24. He is being held on $10,000 bail in the Fond Du Lac county jail.
Deichsel is accused of threatening to cut off access to the victim’s breathing system if she did not have sex with him, according to the criminal complaint. The woman has a mental capacity of a girl between the ages of 12 and 15. The woman told authorities Deichsel forced her to have sex with him on several occasions between January 2006 and September 2007. She didn’t tell anyone earlier because “she didn’t know how to say what happened without Steven becoming mad at her,” according to the complaint.
Deichsel, who is charged with 15 counts of second-degree sexual assault of mentally ill victim, is next scheduled in court July 3, and each count carries a maximum penalty of 40 years in prison.
Deichsel is accused of threatening to cut off access to the victim’s breathing system if she did not have sex with him, according to the criminal complaint. The woman has a mental capacity of a girl between the ages of 12 and 15. The woman told authorities Deichsel forced her to have sex with him on several occasions between January 2006 and September 2007. She didn’t tell anyone earlier because “she didn’t know how to say what happened without Steven becoming mad at her,” according to the complaint.
Deichsel, who is charged with 15 counts of second-degree sexual assault of mentally ill victim, is next scheduled in court July 3, and each count carries a maximum penalty of 40 years in prison.
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