Sunday, August 28, 2011

Guilty verdict in rape case; prosecutor says victim's courage 'can't be overstated'

Guilty verdict in rape case; prosecutor says victim's courage 'can't be overstated' - TS
The jury -- comprising seven women and five men -- found Walker guilty of forcible rape while acting in concert and forcible oral copulation in concert more than one year after he was arrested for raping 20-year-old Jane Doe in a wooded area near the Arcata Sports Complex.

Walker, 38, of Eureka, faces a maximum sentence of 10 years in prison and will have to register as a sex offender for life.

Jane Doe, who testified in the case and appeared in court Thursday to hear the verdict read, hugged prosecuting Deputy District Attorney Ben McLaughlin and DA investigator Jack Bernstein after the hearing, thanking them with tears in her eyes.

”I'm elated with the verdict and really proud of Jane Doe,” McLaughlin said. “I don't say this as hyperbole, but she really showed a level of courage that can't be overstated. She came into court and faced her rapist and showed him she is not the easy target of opportunity he thought she would be.”

Attempts to contact Walker's attorney Owen Tipps were not immediately successful.

APD Chief Tom Chapman attended Thursday's hearing and commended the people who came forward at the scene to help Jane Doe, which he said allowed his officers to take Walker into custody in short order and conduct a thorough investigation. Chapman also said the DA's Office's work on the case was “outstanding.”

”The DA's Office was tireless in its effort to seek justice in this matter,” Chapman wrote in an email to the Times-Standard. “Kevin Walker is a predator. He belongs in prison.”

Walker was arrested in May 2008 after witnesses reported him and two other men fighting in a Trinidad beach parking lot. Witnesses said Walker and another man were holding the third man on the ground, hitting him in the head with a metal pipe and stepping on his face while shouting racial slurs. Walker and the other assailant, Collin Roczey, were arrested on suspicion of assault with a deadly weapon, sodomy and kidnapping, and later pleaded guilty to the assault charge in a plea agreement reached when the victim in the case refused to cooperate with their prosecution.

Walker was on probation from the 2008 case when he committed the rape -- a violation that will add another year to whatever prison sentence a judge imposes.

”We all thought that Kevin Walker really eluded justice with respect to his conduct in 2008, and everybody was very committed to prosecuting this case to the best of our abilities,” McLaughlin said. “We invested ourselves quite a bit in the case. In light of his prior conduct that was sexualized violence against another party, this verdict is obviously important because he now has a conviction to reflect who he is and what he is.”

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