Articles Posted in Sex Crimes in Jacksonville

Media and politicians have strong opinions on a Jacksonville man with a history of sex crimes arrests who is now again accused of a rape in downtown Jacksonville. The popular opinion is to question how the man could be out on the streets to be able to commit another crime, according to a report on News4Jax.com. Alphonso Haynes was arrested last week, accused of abducting a woman in downtown Jacksonville and sexually assaulting her, the television station reported.

Haynes was arrested in on a Duval County Sexual Assault charge in 1998 and also charged in 1999 with armed sexual battery and attempted sexual assault, the television station reported. He was found incompetent to stand trial and was sent to a state-run mental health center, the television station reported. He was eventually released, but it is not clear when or why. Because he was never convicted, he was never classified as a sexual offender. People want to blame the system for allowing Haynes to be out on the street, but it must be understood that the “system” also includes prosecutors who are responsible for getting convictions if people can be proven guilty beyond a reasonable doubt. And the state is also responsible for making sure people who are incompetent to stand trial and are sent for mental health counseling do indeed stay there.

In his recent arrest, Haynes is charged with kidnapping with a firearm and sexual battery, the television station reported. The kidnapping charge is a first-degree felony punishable by up to 30 years in prison. The sexual battery is a second-degree felony with a maximum penalty of up to 15 years in prison, meaning Hayes could face up to 45 years in prison. The question here will be if Haynes is found mentally competent to stand trial this time. If not, he will likely be sent to a state hospital for a second time. Sentences in Jacksonville Sex Crimes cases, and all criminal cases, are based on sentencing guidelines. These guidelines are essentially a formula that weighs the crime the person is pleading guilty to or has been convicted of, and takes into consideration the person’s previous criminal record. That criminal record is for convictions or crimes someone has pleaded guilty to. Arrests DO NOT COUNT. Like the arrests or not, Haynes, just as anyone arrested of a Jacksonville Sex Crime or any type of crime, is innocent until proven guilty. So Haynes’s previous arrests on sex crimes would not be a factor in his sentencing guidelines. Now, judges are free to divert from those guidelines – as long as they don’t go above the statutory maximum, and prosecutors will likely argue Haynes’ propensity to commit further sex crimes if the case does indeed end up going for sentencing. What they won’t say is they ultimately bear the brunt of the responsibility for Haynes being back on the street.

A Jacksonville man who has been convicted three times for not registering as a sex offender is being sought by police again. Police have an arrest warrant for Davis Batton, according to a report in the Florida Times-Union. The report does not say what the warrant is for but, given his past and the fact that police have made the warrant public, there’s a good chance the warrant is for another Jacksonville sex offense.

Batton was initially classified as a sex offender following a 2001 conviction for lewd and lascivious exhibition of a minor in Clay County, the newspaper reported. Batton, now 31, was sentenced to two years in state prison for that crime, the newspaper reported. Since then, he was convicted in 2005, 2007 and 2010 for failure to report or failure to comply with sex offender requirements, the newspaper reported. For his most recent Jacksonville Sex Crime in 2010, Batton was sentenced to two years in prison. While Batton may be a bit of an extreme case, his plight is not uncommon and shows the cycle of violations that can happen when someone is required to register as a sex offender. Once a person is designated as a sex offender, which is mandatory with convictions or guilty pleas in Jacksonville Sex Crimes Cases including lewd and lascivious conduct, the defendant is required to update police on his or her living arrangements.

There are requirements that the person not live within 1,000 feet of a school, for example. And when the person moves, a notification is sent to neighbors – with the offender’s picture and the crime that qualified he or she as a sex offender. A Jacksonville Sex Crimes conviction follows a person everywhere – more than any other crime. Even if a sexual offender does not move residences, he or she is still required to report to police at least twice a year – once in the month of his or her birthday and again six months later. If more than three weeks passes from the deadline and the defendant has not checked in with police, police will likely seek a warrant for his or her arrest on the charge of failing to comply with sexual offender requirements. This is a third-degree felony and is punishable by up to five years in prison. Jacksonville Sex Crimes convictions can be the start of a series of arrests and prison sentences, all rooted with one offense. While in many cases there’s little choice, it is very important to understand all of the requirements of sex offender probation before accepting a plea in a Jacksonville Sex Crimes case.

A Jacksonville man already looking at two Jacksonville sex felonies for allegedly molesting two 15-year-old girls appears to have compounded his problems and is now accused of a jailhouse plot to have both girls killed. Daniel Lowery has been in jail since March, charged with two counts of lewd battery – a second-degree felony punishable by up to 15 years in prison, according to a report in the Florida Times-Union. Last week, he was charged with two counts of capital criminal solicitation – both first degree felonies with a maximum sentence of 30 years in prison, the newspaper reported.

Lowery is accused of sending a letter from jail with instructions on where to find a gun Lowery had and that the girls needed to be silenced so they could not testify, the newspaper reported. The letter also allegedly included information on where the girls lived, what they looked like and suggestions on the best time and place to shoot them, the newspaper reported. A state investigator intercepted the letter and, using the information, was able to run down the gun that is now part of evidence for the state in this Jacksonville Sex Crimes Case. And while this Duval County Sex Crimes Case is rather extreme, it highlights the issue that the best thing anyone can do in jail is just remain quiet and wait for their case to resolve.

In many cases, far more than our Jacksonville Criminal Defense Attorney can count, defendants accused of any type of crime routinely help the state by sending things from jail or talking too much on the phone from the jail. Defendants are told in no uncertain terms that anything they say on the jail phones is being recorded and can be used against them. Prosecutors DO listen to jail calls and WILL use them in court. What often emboldens defendants to open up more and more on the phone with family members or whomever they are speaking with, is the fact they haven’t heard anyone say anything about previous conversations, so defendants often falsely assume no one is really listening. And that may be true – for the time being. Prosecutors aren’t going to waste their time sifting through jail calls and letters on every single case. But when one is set to go to trial they’ll pull the calls. And, that’s where the often find defendants talking about having someone hide evidence or threatening a person who will be called as a witness by the state. Not only could those actions allow the state to add more serious charges, it also adds evidence the state can present to a jury that could show guilt for the original charge. If you are arrested an accused of a crime, please remember anything you say on jail calls or write in a letter can be used against you. Or if you’re loved one is calling you from jail, steer conversation away from the case whenever possible. Little things said on those phone calls can have major implications when the state is putting the finishing touches on its case.

A former Jacksonville firefighter was convicted this month of several violent felonies after grabbing a woman downtown and beating and raping her in an alley. Daniel Evans was convicted of Jacksonville sexual battery, kidnapping and attempted felony murder, according to a report in the Florida Times-Union. Evans faces up to life in prison when he is sentenced next month. In the trial, the victim testified she could not identify Evans as her attacker because she kept her eyes closed the entire time, the newspaper reported. But the state had some physical evidence, including Evans’ DNA on the victim’s clothes. Evans also left one shoe at the scene and it matched the shoe he was booked into jail with after police found him hiding in some bushes near where the attack occurred, the newspaper reported.

There were also two witnesses that saw the attack from a nearby parking garage and called police, the newspaper reported. Evans was convicted of grabbing the woman as she left a downtown Jacksonville bar about 2 a.m., and police found his car parked right outside that same bar, the newspaper reported. So despite the fact the victim could not identify Evans, there was what appeared to be a mountain of evidence against him in this Jacksonville Sex Crimes Case. His Duval County Criminal Attorneys argued the state hadn’t proven it was Evans in the alley and it was too dark for any of the witnesses to make a positive identification, but the jury did not agree, the newspaper reported.

He was fired from the Jacksonville Fire and Rescue Department immediately following his arrest in 2012, the newspaper reported. Because the beating occurred during the commission of another felony – the rape and/or the kidnapping could both be used as the felony – Evans was also charged with attempted felony murder. Felony murder can be charged when someone dies during the commission of a felony. Attempted felony murder can be a little more difficult for the state to prove but, in this Jacksonville Sex Crimes case, police said the victim lost consciousness and one of the witnesses said he thought the victim was dead when he saw her in the alley after Evans ran away, the newspaper reported. In Jacksonville Sex Crimes cases like this, prosecutors will typically stop negotiating once the defense takes the deposition of a rape victim, so a decision has to be made rather early on whether to take the case to trial or not. It would not be surprising if the state did not even have an offer in this particular Jacksonville Sex Crimes case, given the severity and nature of the crime. While the judge does have latitude in the sentencing in this case, Evans will be doing significant time on these charges – possibly life in prison.

A Jacksonville youth pastor has entered guilty pleas to three counts of charges related to accusations that he had sex with a 15-year-old girl from his church. David Lawson pleaded guilty last week to three counts of lewd and lascivious conduct with a child between the ages of 12 and 16, according to a report on First Coast News. Each count is a second-degree felony in Duval County and carries a maximum punishment of 15 years in prison. So, if the judge chooses to apply consecutive sentences in this Jacksonville Sex Crimes case, Lawson could be facing 45 years in prison.

Lawson is scheduled to be sentenced next month. No details of the plea were included in the television news report, though it’s very possible that the plea is a result of negotiations between the state and the Jacksonville sex crime defense team and that a sentencing range will be offered to the judge. The ultimate decision lies with the judge, but in most cases where the two sides come to an agreed upon range, the judge with stay within those terms. In many Duval County Sex Crimes cases like this, a plea is worked out because the state does not want to have to put a young victim through a trial if he or she is not comfortable. That doesn’t mean prosecutors offer light sentences to avoid a trial – they do not. But in many cases, the defendant also wants to avoid a long, public trial that, in Lawson’s case, would no doubt receive plenty of media attention given his former position in the community.

Shortly after police started investigating Lawson late last year, he was fired by his church. Lawson was arrested in January and has been out on Duval County bond while his Jacksonville Sex Crimes case works its way through the court system. Regardless of the eventual sentence and whether he goes to prison or not, Lawson will no doubt be a registered sex offender and will likely have a condition of his eventual probation that does not allow him to work with children again. As a registered sex offender, Lawson would have to register by filling out a form at the sheriff’s office at least every six months with his address, phone numbers, place of employment, etc. And if he were to ever move, he must update the information within 48 hours or face criminal charges. If a registered sexual offender does move into a new residence, his neighbors are notified and everyone knows what crime he pleaded guilty to, regardless of long ago it may have been. People convicted of sex crimes face more scrutiny after they’ve served time than defendants of any other crime. Our Jacksonville Sex Crimes attorney will explain all of the ramifications of a guilty plea or possible conviction so you or your loved one can make the best decision in the case going forward.

After investigating an alleged sexual relationship between a Nassau County teacher and one of his former students, police have cleared him of any criminal wrongdoing. The former student told police she kissed the teacher, but then had sex with the teacher after she turned 18, according to a report in the Florida Times-Union. Once a person turns 18, he or she is legally an adult and it is not a crime for another adult to have consensual sex with an 18-year-old. Technically, 16 is the consent age in the state of Florida, but the age of the sexual partner could make it a Nassau County Sex Crimes case.

The teacher, however, is still facing discipline from the Nassau County School Board and Yulee High School officials have recommended that the board vote to terminate him next month, according to the newspaper report. The investigation in this Nassau County Sex Crimes case started earlier this year after one of the student’s friends said the student said she had sexual contact with the teacher at his home, the newspaper reported. The teacher has been on leave since, the newspaper reported. Had the student been 17 years old, the teacher could have faced a second-degree felony, depending on how old he is. If the teacher is over 24 and has sex with someone under the age of 18, he could be charged with unlawful sex with certain minors, punishable by up to 15 years in prison. Equally important, if he was convicted or chose to plead guilty, he would more than likely become a registered sex offender.

Sex crime accusations can be the most difficult to live down and have a tendency to stick with people even if the accusations cannot be proven in court. And if there is a conviction or a plea, sex offenders are subjected to scrutiny and a public broadcasting of their crimes that even people convicted of murder do not experience. Every time a sex offender moves his or her residence, neighbors in a certain vicinity are notified of his or her presence and the crime he or she pleaded to or was convicted of. Sex offenders in Florida are required to notify police when they move and are restricted as to where they live, as it cannot be directly near a school or park where children congregate.

A Jacksonville man turned himself into police last week, just hours after authorities publicly announced he was wanted on a Jacksonville sexual battery charge connected to a February rape in downtown Jacksonville. Police broadcast Jerry Gallion’s name and photo in asking for the public’s help in locating him last week, according to a report on First Coast News. That evening, Gallion turned himself in and the next morning he was in court, ordered to be held without bond in the case. Police said there have been four rapes in a five-block area downtown, all of homeless women, and there was one reported as recently as April 19, the television station reported.

Gallion has only been charged with one count of sexual battery in Duval County and one count of kidnapping, but police have said there are similarities in the four rapes that have been reported, according to the television news report. No doubt the police will now being trying to contact the other three victims in these Jacksonville Sex Crimes cases and determine if they can identify Gallion as the suspect in their assault as well. In Jacksonville Sex Crimes cases like Gallion’s, where it is known that he may be a suspect in other cases, prosecutors will ask for the defendant to be held without bond, or ask for a high enough bond that it is unlikely the defendant will be able to post it and be released from jail. The state typically argues that the defendant is a flight risk, meaning he or she may be likely to skip town and not appear in court. And in many cases the judges agree. The initial bond is always set in first appearance court, where all defendants in Jacksonville Criminal Defense cases appear within 24 hours of their arrest. The key figure in a Jacksonville bond is 10 percent of the total – that’s the amount that’s typically needed to pay a bondsman to get someone out of jail. So, if someone has a $10,000 bond, a friend or family member can get the person released with $1,000 while the defendant waits for the case to be resolved.

The release comes with certain conditions, which typically include not leaving the state and not picking up any other criminal charges. If there is a violation, the state will almost certain ask for the bond to be revoked and for the judge to order the defendant back to jail. If the Jacksonville Criminal Defense Attorney feels the bond is too high, he or he can request a bond hearing to take a second look at the issue. In a bond hearing, both the state and the Jacksonville Criminal Defense Attorney have an opportunity to state their case and the judge makes the ultimate decision. In most cases, the judge issues some kind of bond, unless the charge is murder. The exact charges have not been filed in Gallion’s case, but it appears likely he will be charged with capital sexual battery. Capital sexual battery in Duval County is the only charge other than murder to carry a mandatory life sentence in the state of Florida. If that ends up being the charge in this Jacksonville Sex Crimes case, Gallion may not get a bond and would likely be in jail until trial.

A woman who used to substitute teach in St. Johns County middle and high schools was arrested last week, accused of having sex with a 16-year-old student. The arrest is the latest step in a long-running investigation into Stacey Slamka that started more than a year ago, according to a report by First Coast News. Slamka was fired last year after a parent showed Pedro Menendez High School officials text messages allegedly exchanged between Slamka and the parent’s 16-year-old son, the television station reported.

Police had been waiting for electronic forensic evidence from the phones to come back and this month a judge signed warrants for Slamka’s arrest. Warrants were issued for six counts, but so far she has only been charged with three counts of unlawful sexual activity with a minor. The charge is a second-degree felony in Florida punishable by up to 15 years in prison, so Slamka is looking at up to 45 years in prison – 90 years of all six charges end up being pursued in this St. Johns County Sex Crimes case. The law specifically addresses sex acts between a person over the age of 24 and a teen who is either 16 or 17. The law is intended to make consequences more severe for a larger age gap between the minor and the adult, differentiating this from a sexual relationship from two people who may be in the same high school and are 16 and 18, respectively. In this instance, they were in the same school – the difference is one was a teacher.

Slamka allegedly told police in her interview in this St. Johns County Sex Crimes case that some of the case “would go away,” according to the television stations report. The text messages could be critical, because right now the case sets up to be a “he said, she said,” case. Regardless, Slamka is unlikely to spend 90 years or 45 years in prison if she does plead guilty or end up being convicted at trial. Courts have traditionally been more lenient on women charged with these types of crimes, as opposed to men (read more in our November post). But she would in all likelihood be a registered sex offender, which has its own set of severe restrictions. Sex crimes are the only crimes in which, if a convict moves, all of his or her neighbors are notified about the person’s conviction. The person is restricted as to where they live, and cannot reside within 1,000 feet from a school.

A man arrested as a 15-year-old on separate Jacksonville rape and carjacking charges was sentenced this week for a second time and will spend 50 years in prison. Kadeem Hart, now 21, was sentenced to 30 years for a 2007 rape and kidnapping, according to a report in the Florida Times-Union. He was also sentenced separately to 20 years in prison for an unrelated carjacking that occurred just hours after the rape in these Jacksonville Violent Juvenile Crimes cases, the newspaper reported. Hart was accused of approaching a woman who was walking, holding a BB gun to her head and taking her to a wooded area where he allegedly raped her, the newspaper reported. Just hours later, Hart was with a second suspect and Hart stole a car from a woman who had gotten out of her car to unlock the gate to enter her driveway, the newspaper reported.

When Hart was caught in the stolen car, police found the BB gun and the cell phone and charger of the rape victim, the newspaper reported. Hart was tried on all charges in front of one jury in 2009 and was convicted and sentenced to life in prison for the armed sexual battery, armed robbery and kidnapping, the newspaper reported. He was also sentenced to 30 years for kidnapping and 15 years for aggravated battery. But, a state appellate court ruled that Hart should not have been on trial for the Duval County Sexual Battery case at the same time as the carjacking cases. Even though the cases were hours apart, Hart should have been entitled to two separate trials, the newspaper reported. Both convictions were thrown out, as was the life sentence. Hart then pleaded guilty to both charges, eliminating the need for a second trial in his Jacksonville Sex Crime cases. Yet this is significantly more at play in the sentencing since the original 2009 life sentences were handed down. Hart’s sentence was likely reduced in light of U.S. Supreme Court rulings that have declared life sentences unconstitutional for people who commit crimes as juveniles – especially when the crime is not a murder. (See our previous blog)

In terms of the trial in the Jacksonville Sex cases, juries do tend to put significance in numbers, and, if a case as presented as a crime spree, the likelihood of a conviction can rise. And that’s exactly why Hart was entitled to two trials. The cases were not related. The common denominators were Hart, the BB gun and the date of the crime, but they are two completely different sets of circumstances. Hart’s defense on the Duval County rape charge was that the sex was consensual. That argument gets much more difficult when jurors are also hearing that he is accused of carjacking another woman just hours later. The state must prove the inherent relationship between two cases when joining them, or trying them together, and the appellate court ruled in this case that burden was not met.