State attorney guarantees adult sentences if teens are convicted of WPB gang rape
6:16 PM EDT, July 10, 2007
Calling the Dunbar Village gang rape the most horrific and senseless act he has ever seen, State Attorney Barry Krischer said Tuesday he is referring two teens and anyone else arrested in the crime to a grand jury, guaranteeing adult sentences should they be convicted.
"It is to my mind the worst crime I've seen in 37 years in the business," Krischer said. "This is as low as you can go. As the elected state attorney, the strongest statement I can make about how awful this crime is, is to ensure they get adult sanctions."
So far, two teens ages 14 and 16 have been arrested with the June 18 rape of a woman in front of her 12-year-old son at a West Palm Beach public-housing complex that has stunned veteran investigators with its brutality and left residents unsettled.
West Palm Beach police are still investigating and are looking for as many as eight other suspects. The South Florida Sun-Sentinel is not naming the 14- and 16-year-old suspects because of their ages.
The victim, 35, told police 10 men participated in the attack, in which she was repeatedly beaten, raped and sodomized in her home. Her son also was beaten, then forced to have sex with his mother. The assailants also poured household liquids in the boy's eyes, according to police reports.
Both teens have appeared in Juvenile Court and are being held in secure detention pending action from the State Attorney's Office within 21 days of their arrests. Attorney Robert Gershman, who is representing the older teen, declined to comment Tuesday on the grand jury presentment. The Public Defender's Office, which is representing the 14-year-old boy, could not be reached for comment despite an attempt by phone.
Rather than a "direct file," in which prosecutors formally file charges in adult court against the teens, Krischer is instead taking their cases to a grand jury for an indictment. That ensures if they are indicted and then convicted, a judge cannot opt for a youthful offender sentence.
The charges - armed sexual battery by multiple perpetrators while masked, armed home invasion while masked, sexual performance by a child and aggravated battery - carry a maximum sentence of life in prison.
Krischer said that it doesn't seem likely that a judge would choose a youthful offender sentence after hearing the facts in this case, in which the suspects showed no compassion or respect for human beings.
According to police reports, the 16-year-old was arrested after his palm print was found inside the victim's home. He has denied knowing the woman or ever being inside her home. DNA of the 14-year-old boy was found inside the victim's home, police said.
West Palm Beach Housing Authority officials have said security improvements to Dunbar Village are coming soon, including surveillance cameras.
The case has rattled attorneys who have prosecuted hundreds of homicides and crimes against children, Krischer said. "Around here we keep shaking our heads," he said. "I hope to God nothing worse than this comes through this office." The West Palm Beach Police Department has helped set up a fund for the mother and son to relocate through the St. Ann's Victim Assistance Fund. Anyone wishing to help can visit any Wachovia Bank branch and donate to the fund.