Defendants Devon Morris, 21, Christopher Futtrell, 21, Nicholas King, 21, Michael Oakley, 21, and Marcus Mayes, 22, all appeared with their attorneys in court and accepted the deal offered by Ovey and accepted by Trigg Circuit Judge C.A. “Woody” Woodall III.
Woodall allowed the as part of the plea deal offered by Trigg Commonwealth’s Attorney G.L. Ovey and reduced the first-degree rape charges to second degree assault charges and deferred their five-year sentences.
With the exception of Mayes, all of the defendants were also originally charged with first-degree sodomy. Woodall dismissed the sodomy charges,
The judge told the defendants that the victim approved the resolution but told them that they have to issue a public apology to her at their next hearing at 1 p.m. Wednesday, July 14, and added that they cannot contact the victim or her family. The apologies will be the only purpose of the hearing.
“The victim was not only fully advised, but was in favor of getting a resolution short of a trial,” Woodall said, referring to the “desire of the victim to have finality and also her desire that each defendant not be burdened with a felony criminal conviction.”
Before formally agreeing to the deal, Woodall asked all five if they had prior felony convictions, and they all replied that they had none. To be eligible for deferred sentencing, a defendant must have a record void of other felonies.
Woodall, who normally would schedule another hearing to determine whether he’d accept the plea agreement, approved it during the hearing last Wednesday.
The judge also told them that the charges will fall off their records if they don’t commit any crimes during that five-year period, and gave them all a warning before the hearing was adjourned.
“You’ve all been through a lot, and you’ve put the victim through a lot,” Woodall said. “I hope that each of you will comply in full with these terms of the deferred sentencing, understanding that if you don’t, and we had a hearing and I find that you have not complied, then you are looking at serious time.”
When Woodall asked them, none of the five attorneys said that the decision to accept the plea offer was consistent with their advice. They all added, however, that they believed their clients made an informed decision on their own.
According to court records, Mayes of 75 Cerulean Road, King of 857 Hurricane Road, Oakley of 3842 Rockcastle Road, Morris of 1200 Julian Road and Futtrell of 2980 South Road were accused of the 2008 Memorial Day weekend rape of a then 16-year-old girl at a home and a business in Cadiz and Trigg County.
Futrell, King, Morris and Oakley are accused in the indictments of having sexual intercourse and deviant sexual intercourse with a 16-year-old girl who was allegedly incapable of consent because she was physically helpless.
Two other men were initially charged in the case but have never been indicted by a grand jury. A juvenile was also charged in the case, but the proceedings have been closed to the public.