Sex Crimes/Rape

Charlotte Soccer Coach Arrested for Sex With a Minor

Published on: July 19, 2012 | On behalf of Arnold & Smith, PLLC

According to Fox Charlotte, a soccer coach from the Catawba College Hall of Fame and Steele Creek Soccer Club has been arrested and charged with three counts of indecent liberties with a child, crimes against nature and first-degree sex offense.

Under North Carolina law, § 14‑202.1 refers to the crime of taking indecent liberties with children. It states that if a person over the age of 16 and at least 5 years older than the child in question takes or attempts to take any “immoral liberties” with the child, they could be found guilty of a Class F felony. Post #1 criminal image 7.18.jpg Any improper, immoral, or indecent acts done out of the purpose to gratify sexual desires or for arousal could fall into this category of crime. In this case, a child refers to anyone, male or female, under the age of 16.

Investigators said the arrest of Ralph Wager, 69, occurred as the result of a two-month long investigation following one man coming forward and claiming Wager had inappropriate sexual contact with him in the late 1980s. At the time the incident was alleged to have occurred, Wager was a soccer coach and PE instructor at Catawba College in Salisbury and was later inducted into their hall of fame in 2008. The school has since been notified of his arrest and is cooperating with the criminal investigation.

Investigators are not yet revealing the nature of the evidence they have against Wager but say it is strong enough to move forward with charges. It’s also not yet clear if Wager confessed after being questioned by police. He was arrested earlier this week, on Tuesday night, at his home in east Charlotte.

The victim was 9 years old when the abuse began and 12 when it ended. The boy was not directly under Wager’s soccer instruction at the time of the sexual abuse, but was involved in a different athletic activity.

The Steele Creek Soccer Club has removed Wager from its website and say he has been suspended indefinitely as a coach due to the Steele Creek Athletic Association’s zero-tolerance policy. Wager is currently in jail with a $500,000 bond. Wager waived having a court appointed attorney and is now scheduled to be in court for a probable cause hearing on August 1.

Sandusky Found Guilty on 45 Counts of Child Sex Abuse

Published on: June 23, 2012 | On behalf of Arnold & Smith, PLLC

According to an article with CBSNews, former Penn State assistant football coach Jerry Sandusky has been found guilty of child sexual abuse. The jury in Pennsylvania deliberated for nearly 21 hours before handing down its verdict which was guilty on 45 of 48 counts.

The jury was composed of seven women and five men and delivered a surprisingly strong rebuke of the former coach, apparently not accepting any of the arguments put forth by his defense attorneys. Post #2 criminal image 6.21.jpg Sandusky remained standing with his head down staring at the jury box while the verdict was read into the record.

Pennsylvania Attorney General Linda Kelly took to a podium to declare that justice for 10 young men had finally been served. “This defendant, a serial child predator who committed horrific acts upon his victims, causing lifelong and life-changing consequences for all of them, has been held accountable for his crimes.”

Among the guilty counts were the most serious charges, those for involuntary deviate sexual intercourse, each carrying a maximum 20 years in prison. There were nine counts of unlawful contact with minors, also carrying 20 years and 10 counts of endangering the welfare of a child with a seven-year maximum for each count.

One of the most emotional victims to testify at his trial was a boy now 18 known only as Victim #1. He broke down on the stand as he described being repeatedly sodomized by Sandusky beginning at the age of 13. Sandusky was found guilty on all six counts related to that young man.

Sandusky’s attorney, Joe Amendola said, “I believe the jury acted genuinely and in good faith.” In the end he believed that the state’s evidence was just too much to overcome. “We were in an uphill battle, attempting to climb Mt. Everest from the bottom of the mount. Obviously, we didn’t make it.”

Charlotte Man Jailed for A String of Rapes and Robberies

Published on: April 19, 2012 | On behalf of Arnold & Smith, PLLC

WFMY News recently reported that a Charlotte man pleaded guilty to a handful of charges involving a string of rapes and robberies in the area. On Friday, April 13, 2012, Jaunton Carter pleaded guilty to First Degree Rape, First Degree Kidnapping, Sexual Battery, and Robbery. The judge sentenced Carter to serve 28-34 years in prison.

Carter has an unusual technique as he tricked women into thinking that they had been involved in car accidents. Post #2 criminal image 4.19.12.jpg He used this ruse to lure them out of their cars where he would rob and then rape them. These occurred in February 2010 in the high-end residential neighborhoods of Dilworth and Myers Park in Charlotte. According to officials at CMPD, Carter ambushed a woman as she was getting out of her car on Spanish Moss Lane. It was 1:30 AM and he clasped his hands over her mouth and demanded her pocketbook. He searched through her purse for money and when he did not find any he took her cigarettes instead.

Less than 24 hours after the first robbery, Cater rear-ended another car at the intersection of Colony Road and Runnymede Lane. Two women exited the vehicle to see how much damage had been done to the vehicle. That is when Carter approached them with what they thought was a gun. He pointed it at them and demanded that they get back into the car. He got into the car with them, forcibly demanded money, and made them drive to a nearby ATM. He was apparently unable to get any money out of the ATM. Carte then made the women drive to Ferncliff Road where he made one of the women exit the car.

He raped the woman he made get out of the car while he forced the other woman to watch in horror. Carter managed to hold a gun on both of the women while he was raping one woman. He took the money that they had on them, which amounted to $6.00 and then he left the scene. Thirty minutes after robbing and raping these two women, Carter rear-ended another woman and stole her purse.

Charlotte Cold Case Squad Hard At Work Solving Old Crimes

Published on: March 20, 2012 | On behalf of Arnold & Smith, PLLC

According to a recent report by WCNC, the CMPD’s cold case squad is thriving. Created six years ago, the Charlotte-Mecklenburg Police Department’s sexual assault cold case unit, has had tremendous success solving sexual assault cases that no one ever thought would be solved. It was one of the first sexual assault cold case teams in the nation. Initially, only one detective was assigned to solve the cold cases, but since then, the department has received grants from the Justice Department to thoroughly staff the squad.

Post #1 criminal image 3.14.12.jpg In addition to the detectives, the squad also has its own prosecutor dedicated to ensuring that the perpetrators of these crimes are brought to justice. Barry Cook, once a member of the Mecklenburg County District Attorney’s office, came out of retirement to assist the cold case squad in prosecuting the offenders that they are successful in apprehending. Cook said, “There’s a lot of satisfaction in playing a part in solving these cold case sex crimes and putting whoever’s responsible for these crimes in prison.”

The cold case squad spends the majority of its time meticulously going over old case files. They try to find new avenues of investigation and look for new evidence to test for biological evidence, the presence of which will make the prosecution relatively easy, according to Cook. The team has the luxury of the advances in technology that the original detectives involved in these cold cases did not have. New technology allows technicians to extract DNA from the most miniscule of biological samples. Samples that were once thought of as too degraded for analysis are now proving to be useful pieces of evidence.

Challenges, however, are present even with the advances in technology. The presence of DNA does not necessarily lead to a conviction. The detectives still have to conduct a thorough investigation to contextualize the DNA evidence should it even be present. Detective Troy Armstrong, a member of the team, said, “DNA is why we can solve these cold case rapes. . . . But DNA is not the magic bullet. It’s only a part of the puzzle. We have to put the entire puzzle together. It’s not a slam-dunk case just because we have DNA.”

Charges Dropped, New Charges Filed Against North Carolina Man

Published on: February 21, 2012 | On behalf of Arnold & Smith, PLLC

According to a recent report by WCNC.com, police have brought new charges against a man who recently had several similar charges dropped. Police say that Lavatae Evans was recently arrested for rape, kidnapping and other sexual offenses, just two weeks after several other sexual offense charges were dismissed. According to the victim, she met Evans at the Charlotte Transit Center. Post #1 criminal image 2.21.12.jpg She knew him because they used to live together. She agreed to go with him to smoke pot, but when she tried to leave, Evans refused to let her go back to the Transit Center. Evan then pulled out a gun and took her back to his home on Brewton Drive in Charlotte. That is when the victim said that Evans raped her.

Just two weeks before his arrest, the district attorney dropped charges against Evans involving similar circumstances. Back in December, Evans and police had a standoff at his home in Brewton Drive. Police believed that Evans kidnapped two women and held them at gunpoint in his home. While the police were searching for him to arrest him for those charges, they claim that Evans sexually assaulted another woman. The district attorney dropped all of the charges related to these two offenses because the victims gave inconsistent statements. Also, the police were not able to collect valuable evidence against Evans because the victims left the hospital before a sexual assault kit were performed. The police also tested the gun used in the previous kidnapping for the presence of DNA. The testing revealed that there were three different people’s DNA present on the gun, making it difficult for prosecutors to prove beyond a reasonable doubt that Evans was the perpetrator of the crimes.

Dilworth man arrested for public exposure

Published on: February 14, 2012 | On behalf of Arnold & Smith, PLLC

According to a recent article at WCNC.com, Charlotte-Mecklenburg Police have arrested a man they said exposed himself to various women in the Dilworth area of the city while riding a bike.

Post #1 criminal image 2.14.12.jpg Michael Adams was arrested at his home earlier this week where he was then charged with exposing himself to a woman near Dilworth Elementary School. He was also charged with a separate incident of exposure involving a different woman that took place on East Park Avenue. Police have said that they are also investigating whether Adams is connected to other recent reports of flashing across the Charlotte area. One such incident was reported on a public jogging path near Dilworth.

One of Adams’ neighbors, Prince Pegeuese, witnessed police arresting Adams. “I saw his bicycle in the back of a police cruiser and I thought he had stolen a bike or something,” said Pegeuese. Since the arrest neighbors have said that Adams did not own a car and would often ride his bicycle into the Dilworth area.

Adams is not listed on the N.C. sex offender registry, but he does have a criminal background that includes arrests for breaking and entering and assault.

North Carolina Prostitution Ringleader Faces Justice

Published on: January 19, 2012 | On behalf of Arnold & Smith, PLLC

Post #2 criminal image 1.19.jpg WBTV.com recently reported about the leader of a prostitution ring in Charlotte, North Carolina being arrested and charged with several charges related to interstate human trafficking. Filemon Guzman-Martinez pleaded guilty to “transporting individuals in interstate commerce for prostitution, enticing individuals to travel in interstate commerce for prostitution, and unlawful transportation of an alien.”

Court documents indicate that from February to October of 2011, Guzman-Martinez converted a residence into a brothel where sex workers performed sexual acts for $25.00 per act. The residence was located at 5726 Southampton Road. It was reported that Guzman-Martinez offered potential customers business cards with his cell phone number and pictures of the available women. The customers would then call the number on the business card and be set up with a date for the evening.

Of the $25.00 service fee, Guzman-Martinez took $10.00 and the woman received the remaining $15.00. The women came from several different states. They agreed to stay with Guzman-Martinez for one week at a time and were then transported to other locations to work as prostitutes. It was customary for women to see eight to ten men per day.

The U.S. Attorney made a statement about the federal government’s position on sex trafficking: “Sex trafficking is a horrible crime that treats sex as a commodity and exploits vulnerable persons for financial benefit,” said U.S. Attorney Anne M. Tompkins. “This case provides a window into the underground world of sex trafficking and shows that it happens in communities like ours. My office is committed to the aggressive prosecution of all sex trafficking cases, and I call upon the public to report any suspicious activity that may help us apprehend and prosecute those engaged in these crimes.”

The federal government is not being easy on those caught committing sex trafficking. Guzman-Martinez could be sentenced to up to 40 years in prison depending on how the U.S. Attorney and the federal judge calculate his sentencing. Defendants who are facing federal criminal charges will likely plead guilty to the crime of which they are accused. As such, an experienced North Carolina criminal defense attorney is necessary to negotiate the proper plea agreement with the federal government.

North Carolina Pregnant Woman’s Accused Killer Apprehended

Published on: January 18, 2012 | On behalf of Arnold & Smith, PLLC

Post #1 criminal .17.12.jpg A North Carolina man accused of murdering a pregnant woman has been arrested, according to a report by WCNC.com. The victim was 25-year-old Danielle Marie Watson and she was the manager at a local restaurant, the Flying Biscuit. Police say that Watson was stabbed to death in the kitchen of the restaurant by 22-year-old Mark Anthony Cox. At the time of her death, Watson was 2 months pregnant and was planning on getting married to her fiancé.

The Charlotte Violent Criminal Apprehension Team along with the Fayetteville Police arrested Cox at a friend’s apartment in on the outskirts of Fayetteville, North Carolina. The victim’s car was found in the parking lot of an apartment complex near the friend’s apartment.

In addition to Cox being charged with two possible counts of murder, the 911 operator has been placed on administrative leave. Apparently there was some confusion regarding the location of the call. The victim’s fiancé, Keith Smith, called in the emergency to authorities. The 911 operator sent the police to the wrong address. However, when the staff at NewsChannel 36 listened to the 911 tape, it sound like the caller gave the operator the wrong address. The authorities are suggesting that the administrative leave is simply a precaution to investigate whether the 911 operator followed the proper protocols for ensuring that accurate information was given to the police. There has been no mention of whether having the police go to the wrong address may have made a difference in whether the victim survived her injuries.

As was previously mentioned, the accused could be facing two counts of murder. We posted previously about the passage of North Carolina’s Unborn Victim’s Act, which allows the state to charge a defendant with murder if he or she causes the death of a fetus no matter how far along the woman is in the pregnancy (except in cases of abortion). That law went into effect in December, therefore, Cox comes within the confines of the new law and could be facing two counts of murder because Watson was pregnant at the time of her death.

Watson’s family is relieved that the potential defendant has been caught and is ready to put this tragedy to rest. After being informed about the arrest, Smith, Watson’s fiancé, told NewsChannel 36, “I feel much better knowing that they found him. I spoke with her mom, and the family is ecstatic. They are very happy she actually said it’s a huge burden lifted off her heart that they found him.”

North Carolina Sex Offender Arrested for Two 30-year-old Rapes

Published on: January 12, 2012 | On behalf of Arnold & Smith, PLLC

Post #2 criminal image 1.12.12.jpg The victims of two 30-year-old rape cases are now on their way to seeing justice decades after their harrowing experiences. According to a recent report by WBTV, a man has been arrested for the rape of two women back in 1981.

The detectives of the Sexual Assault Cold Case Unit at the Charlotte-Mecklenburg Police Department were able to find the suspect, Roger Dale Honeycutt, after re-examining biological evidence taken from the rape kits 30 years ago. On January 27, 1981, detectives allege that Honeycutt entered a home in the 3400 block of Sharon Amity Road. When he got in, she saw a woman asleep on the couch and he raped her. After the assault, the woman was taken to Carolina Medical Center. There, a sexual assault kit was performed and biological evidence was collected from the victim. The cold case detectives began to reexamine the case in December 2011, and on December 8, 2011, the detectives submitted the sexual assault kit to the crime lab for a second examination of the evidence. Nearly one month later, the detectives were notified that the lab had a match and that it was Honeycutt.

Honeycutt was arrested at his home in Kannapolis by the Violent Criminal Apprehension Team. What is unique about Honeycutt’s arrest is that at the time he was free on bond for another rape. In October 2010, Honeycutt was arrested and charged with another rape that happened back in 1981. Police say that on February 21, 1981, Honeycutt broke into a woman’s house, found her sleeping on the couch and raped her. Nearly one month after the first rape was committed, Honeycutt allegedly followed the same pattern and committed a second sexual assault. The victim of this second assault was five months pregnant at the time of the attack and her husband and daughter were asleep in the home while she was being raped. A sexual assault kit was also performed on the victim and there were no suspects until August 2010, when Honeycutt was found to be a match to the biological evidence collected from the sexual assault kit.

Redefining Rape in North Carolina

Published on: January 10, 2012 | On behalf of Arnold & Smith, PLLC

Post #2 criminal image 1.10.12.png On January 6, 2012, the federal government took an important progressive step in the realm of sexual violence legislation. It has expanded the definition of rape. The new definition removes the gendered language and now includes the sexual violation of men and boys. Rape was previously defined by the federal government as “the carnal knowledge of a female forcibly and against her will.”

This limited definition only allows women and girls to be sexually violated and it only included penetration by a man’s penis, but did not include penetration by other objects or body parts. It suggests that if something similar happened to a man or a boy, it is not rape, but something entirely different. The new definition, however, is much more expansive. It defines rape as “penetration, no matter how slight, of the vagina or anus with any body part or object, or oral penetration by a sex organ of another person, without the consent of the victim.” This new definition makes the crime of “rape” apply to the sexual penetration of a boy or man.

The change will make the FBI’s reporting of rape statistics easier, especially since several states now have a more expanded definition of rape. The old definition created discrepancies in the number of rapes reported each year. According to a report by Forbes Magazine, 1,400 sexual assaults were reported in Chicago, but the government did not count those in the total amount of rapes reported because those sexual assaults did not meet the very restrictive definition of “rape.”

In addition to streamlining statistics, the newly expanded definition of the crime of rape does something else very important. It starts to change the conversation regarding sexual violence and begins the process of removing the gendered stereotypes associated with the crime of rape. It has always been assumed that men cannot be raped. However, hundreds of men are sexually violated on a regular basis, but because of societal views men have had a difficult time reporting that a crime of sexual violence was committed against them. It is likely that the number of reported rapes will increase not only because of the expanded definition, but also because men and boys will begin to feel more comfortable telling these stories without the fear of social stigma.