State vs. Thaggard NO. COA04-368 (2005)
Jan 01, 2003OUTCOME: I won
I prosecuted this case when i was an Assisant District Attorney. Sisters Jo.P., age fourteen, and Je.P., age twelve (collectively, “the victims”) lived with their father and brother in a three bedro ... om mobile home in Cumberland County. Defendant was a friend of the victims' father and occasionally spent the night with them. In August 2001, defendant was at the home watching television in the living room with the victims and several others. Defendant left and went to their brother's bedroom. Jo.P. left the living room to take a shower. After her shower, she went to her bedroom and laid face down on her bed. The State's evidence tended to show that after Jo.P. laid on her bed, she felt someone crawl up behind her, put a gun to her head, and say he would shoot her if she made a sound. Jo.P. could not see the person, but recognized defendant's voice. The assailant removed Jo.P.'s underwear, pulled up her nightgown, and proceeded to engage in anal and vaginal intercourse with her. After the assaults were completed, the assailant got off of the bed and walked out of the bedroom. Jo.P. turned to see who the assailant was and recognized defendant. Jo.P. first told her sister, Je.P., about the assault a week later, and told the Cumberland County Department of Social Services (“DSS”) and the police in April 2002. Later that summer, the sisters, brother, and father held a cookout at their mobile home. Je.P. drank liquor at her brother's request and became dizzy. She went inside, laid down on the couch,and passed out. When she awoke, defendant was on top of her. Je.P.'s and defendant's pants and underwear were pulled down. She fell back asleep until her brother came into the mobile home and began arguing with defendant. Je.P. felt pain in her vaginal and anal areas. Je.P. told her sister and her guardian ad litem about the assault. In April 2002, DSS conducted a neglect investigation of the sisters. The investigator, Edward Morley (“Investigator Morley”), met with Jo.P. and Je.P. separately, and each described the above events. A medical exam was performed by Dr. Sharon Cooper (“Dr. Cooper”) on the victims. Tears and scarring consistent with sexual trauma were found in Jo.P.'s vagina and anus. A similar injury was found in Je.P.'s vagina. Dr. Cooper diagnosed the victims with injuries consistent with a non-consensual sexual assault. On 9 December 2002, defendant was indicted for one count of statutory rape of a person who is 13, 14, or 15 years old, one count of statutory sexual offense of a person who is 13, 14, or 15 years old, and one count of taking indecent liberties with children with respect to Jo.P. Defendant was also indicted for one count of statutory rape and one count of taking indecent liberties with children with respect to Je.P. Defendant was tried before a jury during the 27 October 2003 Criminal Session of the Superior Court of Cumberland County. Defendant's former girlfriend, Brenda Murray (“Murray”), testified she knew the victims and their reputations as “liars” in the community. Defendant testified the victims conspired against him. He also admitted to being previously convicted of two counts of taking indecent liberties with minors. The jury found defendant to be not guilty of: (1) taking indecent liberties with a child for Jo.P.; and (2) first-degree statutory rape of Je.P. Defendant was found to be guilty of: (1) statutory rape of Jo.P.; (2) statutory sexual offense of Jo.P.; and (3) taking indecent liberties with a child for Je.P. The trial court sentenced defendant to three consecutive active sentences of: (1) not less than 336 nor more than 413 months for statutory rape; (2) not less than 336 nor more than 413 months for statutory sex offense; and (3) not less than twenty-one nor more than twenty-six months for indecent liberties.
