Ruling affects child predator cases
Charges filed with information from 814 Pred Hunters could be dismissed
CLEARFIELD — A ruling by a Clearfield County judge has set a precedent, which could lead to cases filed with information supplied by a local child predator group, being dismissed.
Since last fall, the 814 Pred Hunters group have been “catching” prospective child predators by posting false online teen profiles of decoys. At least 16 cases have been filed in Clearfield County in response to information the group provided to local law enforcement.
One of these cases, Gene William Robbins, 43, of Woodland, who was facing felony criminal use of communication device charges, was scheduled to go to trial on Tuesday.
The trial was canceled and the charge dismissed, according to District Attorney Ryan Sayers, because of a ruling made on Friday in another one of the predator cases.
President Judge Fredric J. Ammerman issued an opinion and order stating in the case against Mathew Uncles of Clearfield that “the Unlawful Contact with Minors statute explicitly outlines who can be a victim and who can pose as a would be victim. Specifically, a victim includes actual minors or a law enforcement officer operating within the scope of his/her official duties posing as a minor, for the purpose of committing any of the sex-related offenses.”
“The General Assembly specifically chose the language of the Unlawful Contact with Minors statute; if the General Assembly intended to criminalize communicating with vigilantes (i.e. non-law enforcement individuals) posing as minors, then the statute would, in its plain language, express that intent.”
The opinion goes on to address the additional charge of corruption of minors.
“The corruption of minors statute has been amended three times, the last time being in 2010. At no point, did the General Assembly amend the statute to include law enforcement officers, let alone adult civilians as conditionally protected parties.
“From the General Assembly’s silence on expanding the statute to include adult civilians, the Court does not find it appropriate to expand its interpretation of the statute beyond the plain language of the statute which correlates to the General’s Assembly’s intent.”
Uncles’ last charge, criminal use of a communication facility requires the use of a device, in this case a cellphone, to commit a crime graded as a felony. Without the other charges, it was also dismissed.
In April, motions filed by attorney Robbie Taylor, in the case against Cody Fye, of Weedville, brought up some of the same issues, as well as questioning the group’s methods.
Taylor claimed the group began communicating with his client on an adult-only application before moving to other social media and texts. None of the records of the original contact nor recordings of phone calls were saved, he said in his motion.
Fye is facing more serious charges of involuntary deviate sexual intercourse, aggravated indecent assault and indecent assault of a person less than 16 years old, in addition to the ones dismissed in the Uncles’ case.
Three other cases have already made their way through the system with the defendants getting time served sentences on one count of criminal attempt-corruption of minors.
On Monday, Edwin Gomez-Lamadrid, from Barranquilla, Colombia, was sentenced to three months to two years in state prison for misdemeanor solicitation/indecent assault. It was noted that he is an illegal immigrant wanted by authorities.
Ammerman’s ruling will no doubt be used in the other cases and possibly in other counties where the group has been “catching” potential predators.