100 years is a bit steep regardless

and in a felony offender prison

he is 18 with an iq of 47 that should have put him in family court as a juvy imo

there is no way he should be held to the same standards aes you or any other MATURE adult

should he go unpunished ---absolutely not -- but that is cruel and unusual and should be set aside imo

at worst he should be sent to an institution for the mentally incompetent for maybe 5 years at most

It seems he is being labeled a repeat offender. Even if he didn't understand what he was doing was wrong, there are ways of helping him to understand that that sort of behavior is unacceptable with out locking him away somewhere.

you would be surprised at the impact of "simply" fondling. I don't think the sentence was just...but yes...something needs to be done

I have seen cases of fully competent adults getting lesser sentences for far worse offenses. What is wrong with the judicial system in Texas?

I agree. He may not know what he did was wrong, but others should be protected as well. it's not an easy situation

This is insane!!!! Grown men with all their faculties get less time! There is a case where a man raped a child and got 20 years and only has to serve 1 year, 19 probation!!!

What is wrong with this picture!??

Kat

Attorney general asks why rapist didn't face more charges

By Kandra Wells
CNHI News Service

McALESTER -- Oklahoma's attorney general wants to know why a man who admitted raping a McAlester girl did not also face charges for abusing her older brother.

Two state legislators are separately calling for the removal of the judge who oversaw the controversial plea agreement that gave David Earls just one year in jail.

Attorney General Drew Edmondson said he is disturbed by the "lenient" deal struck last month with Earls, who pleaded no contest to raping and sodomizing the girl, then 4 years old.

District Judge Tom Bartheld ordered Earls, 64, to serve one year of a 20-year sentence. He was also credited for time he's spent in jail, meaning he will be released in three months.

Police initially identified the girl's brother, who was then 5, as a possible victim. Earls also faced a charge for forcing the boy to watch as he raped the girl.

But Bartheld dismissed that charge during Earls' May 13 sentencing, "based upon the recommendation of the district attorney," according to court records.

"There was a question in my mind whether there may have been other counts involving this victim that may not have been wrapped into the plea," Edmondson said, referring to the boy.

State Reps. Mike Ritze and Mike Reynolds today said Bartheld should be kicked off the bench for "gross neglect of duty." The legislators from Broken Arrow and Oklahoma City filed a bill that, if passed by the House of Representatives, would ask a state court to remove the judge from office.

"While it would be simpler and better if the governor or attorney general would step up and take this action, we have filed the resolution to ensure the process can move forward regardless," Reynolds said in a statement issued by the House.

Oklahomans "must have confidence in the courts to deliver impartial justice," Ritze said. "Clearly that did not happen in this case, and I have heard from many constituents who are outraged."

The attorney general said the plea deal disturbed most people.

"What I know about (the case) at this point in time is that I was very disturbed by reports of the sentence in that case ... a sentence that appeared to be somewhat lenient," he said.

Edmondson has asked lawyers in his office to look into Earls' prosecution and sentencing, evidence in the case and whether his office has authority to intervene. He said his office will see "if the facts of the case suggest that a different outcome should have been sought."

Earls admitted to raping and sodomizing the girl between May 1 and Aug. 1, 2008, while he was living with the girl's mother. He was arrested in September, after the girl and her brother told their grandmother about the abuse. Earls never made the $250,000 bail.

In February, Earls attended a preliminary hearing to decide whether the girl could testify against him via closed circuit television. The girl covered her eyes with her hands and said, "I'm not looking at David Earls. I'm not looking at David Earls."

Bartheld delayed the hearing and resumed it two days later in his chambers, without Earls present. The judge then decided to allow the girl to testify during Earls' trial from outside the courtroom.

The case never went to trial. Instead, District Attorney Jim Bob Miller accepted a plea offer from Earls' lawyer. The judge approved the deal and sentenced Earls on May 13.

Bartheld specified that Earls get credit for time served. He also ordered Earls to serve his sentence at the county jail, instead of a state prison. The sentence included two $500 fines.

Edmondson, who also announced his candidacy for governor this week, said he will receive a report from the lawyers in his office "in due course." Asked when that would be, he said, "I would guess a matter of days rather than weeks, but I don¹t know the answer to that."

just like any other state....it is case by case...evidence....the DA...judge...jury.....

I don't agree with the sentence he received at all and there should be another way

No I think the Texas judicial system is full of sadists.

I disagree. that would be generalizing. there are other states that have issues as well. no court system is perfect and there are courts that are corrupt.

but to say this wouldn't have traumatized the 6 yr old??????

i don't agree with the sentence....but should the 18 yr old not yhave anything done to hopefully prevent this in th future???? like a home or therapy or something?

A 47 iq means he doesnt even know what he did. He doesnt understand this at all. What will happen to him in prison? He will be abused to the full extent of the inmates, or left in solitary. This child, this mentally challenged child needs another kind of help...not abuse.
Texas is known for its hard core court system. But this is ridiculous.

Kat

Would the six year old have been traumatized if were another six year old? Do we know to what extent the six year old participated? Do we even know if the six year old even saw the 18 year old as a adult or as a peer?
Texas is big on punishment.

yes Texas does have some harsh punishment....while others have nothing more than a slap on the wrist (see Kat's story)

as far as the 6 yr old....do you really think the child understands the 18 yr olds mental ability???? he would see an adult doing this to him. the 18 yr old is bigger than a 6 yr old....around the same size as other adults. do you really think a 6 yr old understands the percent rated to the 18 yr old???? or that the child sees an adult sized person?

as you can see...I keep stating (and getting tired of repeating myself) that I don't agree with the sentence at all. something else should be done...but NOT just turn a blind eye either. I don't think he should be sent to prison. even with a high IQ....prison doesn't help

i think the first post on this page had a good idea

but i may be a bit prejudicial to the poster

maybe

it is no different than if someone did that to the 18 yr old. he wouldn't understand why the person was doing that either.

you always hear of them wanting to try kids as adults due to circumstances involved

this is a perfect example of the opposite

IMO the defense attorney didn't do his job. someone with that IQ level isn't competent to stand trial much less plead guilty without understanding

yep

he11 we could have probably done a better job

Just today..


ADA, Oklahoma -- A Pontotoc County judge has sentenced a former minister to 13 years in prison for molesting two young boys.

District Judge Tom Landrith sentenced the Rev. Kenneth Wayne Huneycutt to 25 years but suspended 12 years of the term on Wednesday.

Huneycutt, 61, pleaded guilty in May to three counts of lewd molestation and no contest to one count of lewd molestation. He must serve 85 percent of his sentence before he is eligible for parole.

Huneycutt, then pastor of New Hope Baptist Church, surrendered to authorities in December after two children under age 12 told authorities he touched their private parts and made them touch his.

Huneycutt told Pontotoc County Undersheriff Joe Glover during an interview that the molestations began in spring 2008 and occurred at least 15 times when a 10-year-old boy would frequently spend the night at his house and at least once when a 6-year-old stayed over.

Huneycutt's attorney sought leniency, saying Huneycutt was under the influence of multiple medications he had to take after suffering a heart attack in 2007 and they may have contributed to his actions.

Assistant District Attorney Jim Tillison said he wondered why Huneycutt didn't present a medical doctor to testify that the medications could cause him to molest a child and why the minister didn't tell his doctor the medicines were adversely affecting his behavior.

Landrith denied a defense request to allow Huneycutt to remain free on bail while he puts his affairs in order. Huneycutt cried as he embraced his wife and family before being led to jail.

"I am very pleased with the way the District Attorney's Office handled it," said the mother of one of the victims.

Fair isnt fair??? wtf!?

there is no doubt in my mind that justice wasn't served....but something should be done....just not prison. I have wroked with little ones since I was 15 (teaching dance or day cares) as well as having kids. most parents teach their kids about people touching their privates. to think this child understood the mental capacity of the 18yr old and not just see he was adult sized, is insane. kids just think someone like that is funny or they might be scared of them, but they don't understand the retardation. regardless something should be done and not turn a blind eye in order to protect others. IMO...maybe therapy or something for the 18 yr old. but the ball was dropped IMO on this case while others get a slap on the wrist. I have no doubt it will be overturned though

incompetent adj. 1) referring to a person who is not able to manage his/her affairs due to mental deficiency (lack of I.Q., deterioration, illness or psychosis) or sometimes physical disability. Being incompetent can be the basis for appointment of a guardian or conservator (after a hearing in which the party who may be found to be incompetent has been interviewed by a court investigator and is present and/or represented by an attorney) to handle his/her person and/or affairs (often called "estate"). 2) in criminal law, the inability to understand the nature of a trial. In these cases defendant is usually institutionalized until such time as he/she regains sanity and can be tried. 3) a generalized reference to evidence which cannot be introduced because it violates various rules against being allowed, particularly because it has no bearing on the case. It may be irrelevant (not sufficiently significant) or immaterial (does not matter to the issues). (See: incompetency, guardian, conservator, conservatee, incompetent evidence)