The five men asked the victim for forgiveness and thanked her for her kindness.
56th Circuit Judge C.A. “Woody” Woodall III asked the five to turn and face the crowd, which included the victim, as they read their apologies.
Marcus Mayes, 22, went first, stating that he hasn’t been in any trouble since the incident more than two years ago, and said he’s looking for work as a coal miner or construction worker. He also sought forgiveness for his actions.
“I seriously hope that your life will not be forever impacted,” Mayes said. “I exercised extremely poor judgment in my actions and hope that (the victim) will forgive me.”
Nicholas King, 21, went next and thanked the victim for allowing him and other four to settle the case to avoid further embarrassment on their part.
“I am sorry for the embarrassment that I caused you, your family and my family,” King said. “My behavior was unacceptable, but I can assure you that this is not my nature and it would not have happened if I had taken the time to think it through.”
Devon Morris, 21, was the third to apologize and said, “I am very sorry for hurting you. I appreciate your kind consideration in regard to my mistake and the court case.”
Michael Oakley, 21, apologized for the pain he caused and also thanked the victim for allowing them some resolution in the case.
“I understand the pain and embarrassment that you have experienced and I am sorry for that,” Oakley said. “Further, I am grateful that we were able to resolve the matter.”
Christopher Futrell, 21, also asked for forgiveness for his actions and for any pain he’s caused, and said that he would stay out of trouble.
“I exercised extremely poor judgment in my actions and hope that (the victim) will forgive me,” Futrell said. “I have not been in any trouble and intend to remain and productive, law-abiding citizen.”
Two months ago, defendants Morris, Futrell, King, Oakley and Mayes all appeared with their attorneys in court and accepted the deal offered by Ovey and accepted by Judge Woodall.
Woodall allowed the apologies 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 prison sentences.
With the exception of Mayes, all of the defendants were also originally charged with first-degree sodomy. Woodall dismissed the sodomy charges.
“We’ll see whether those young men are able to abide by those conditions,” Woodall said after the five men read their apologies, one by one.
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 Futrell 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 were 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.