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Judge Gunter Hands Wilson Life Sentence For Rape of Woman

BY JOHN MILLER
Published Wednesday, February 12, 1997 in the Nevada County Picayune

DeChay Wilson, 19, of Prescott, will not see the outside world again as a free man.

He was sentenced to life in prison for the rape of a 68-year-old Prescott woman on April 20, 1996 in circuit court Tuesday, Feb. 4, 1996.

The jury deliberated less than 20 minutes before finding Wilson guilty on four separate counts, including rape, but was unable to reach a consensus on the sentence he should be given for assaulting the woman and for aggravated assault after more than two hours.

This meant the judge, in this case Jim Gunter, Eighth Judicial District Circuit-Chancery Judge, had to impose the penalty on these two charges.

Gunter sentenced Wilson to life in prison for the rape charge. He was given 60 years for aggravated assault. This is to be served consecutively.

In the other two charges, Wilson was sentenced to 30 years for residential burglary and one year in the county jail for theft of property. These sentences will be served concurrently with the rape and aggravated assault sentences.

When considering the sentence for aggravated assault, Gunter took into consideration the jury's finding Wilson had been armed with a deadly weapon (a serrated steak knife taken from the victim's kitchen) during the attack and robbery.

The jury for the Wilson case was picked Monday, Feb. 3. It was composed of six males, and six females. Eight jurors were white, with four being black. The four black jurors were female.

Once the jury was seated, the attorneys made their opening arguments. This took the remainder of the afternoon.

Tuesday's segment of the trial opened with testimony from expert witnesses, and the playing of tapes made by Wilson's accomplice Jared Woodley.

Woodley entered into a plea bargain on Jan. 16. He was sentenced to 30 years for the rape, 30 years for aggravated robbery, 20 years for residential burglary and one year for theft of property. However, his sentences will run concurrent to one another.

There was also a problem during Woodley's testimony Tuesday morning. He attempted to recant his prior statement and take full responsibility for the crimes.

Woodley told the court Wilson had not been present when the woman was attacked and had no part in the robbery.

This statement, though, was contradicted by the forensic evidence which showed at least two people had to be involved in the assault.

Additionally, Woodley jeopardized his agreement by committing perjury and trying to take the blame while protecting Wilson. Eighth Judicial District Prosecuting Attorney, Brent Haltom, and his deputy prosecutor, Danny Rodgers threatened Woodley with these charges and an additional 30 years as a habitual offender for lying.

However, during a break in the trial, Woodley's mother spoke to her son in private. Once court reconvened, Woodley admitted Wilson's part in the crimes against the elderly lady.

Following a lunch break, the victim was called to the stand.

Rodgers apologized for his line of questioning and making her relive the nightmare she had suffered at being raped by two men.

She told the court, though, she had been driven home by a friend, who picked her up from work at a local nursing home at 9 p.m.

She said they unloaded something from his truck and he left around 9:30.

At this point, the victim went inside her home, made her a sandwich and got something to drink. Then, she went to the couch to watch the 10 o'clock news.

Once the news ended, she said, she meditated some and read the Bible. "I may have dozed some," she said, "the news wasn't very interesting that night."

The victim was also partially undressed and "dreading taking a bath," as she told the court, when she saw two young men standing in a doorway.

She told the court she couldn't see their faces because they were wearing some kind of stocking masks which covered their faces.

The taller one of the pair told her not to move. "I started to scream," she said. "I knew they were young, and I could tell they were black by their voice and movement."

The two approached her from the dining room of her home, with one saying, "We want you money. Where is your money?"

"I couldn't think," she told the court. "They threatened to kill me."

The court heard how one of the two took a cover from a cedar chest and put over the victim, while the other continued ransacking her home.

"I was told to stay still and I did," she said. "I couldn't see. They threw clothes here and there and one came close to the television."

At this point, the victim told the court she was raped. The shorter suspect went first.

She said he stooped down in front of her on the love seat, pulled the quilt up and forced her to help him remove her underwear.

"He did what he did," she said, "and wasn't that rough. But he did it and got off."

She was also raped by Woodley. Wilson, though, also attempted to force the victim to have anal sex, but was unsuccessful in his attempt. However, there were semen samples taken from this area which matched his blood type.

"I thought I was going to have a heart attack," she said. "I had trouble breathing."

Once the rapes had ended, the victim was again asked where her purse was. At this time, she was able to remember it being in her dining room.

She said Wilson poured the contents of the purse out near the TV and took the money -- about $50.

The victim also informed the court both suspects had knives during the robbery. These knives were left in the house, found later and turned over to the authorities as evidence, as was a pair of panties.

She said more than two people could have been in the house at the time, but she was raped by two.

When they left, she was warned to remain still for at least 20 minutes. However, the victim told the court she must have dozed off because it was after 1:00 a.m. when she was next aware of the time.

After she came to, the victim said all she could think of was getting in touch with her children. She called a son and the process began.

The victim was taken to Medical Park Hospital in Hope, where she was sedated and a rape kit was done.

Rodgers asked if she still had physical problems from the attack.

She said she was taking medication for a neck injury and her private parts still hurt occasionally.

The victim was released from the hospital that night, but was later admitted and wound up staying hospitalized four days.

Defense attorney Claudell Woods began asking questions after Rodgers was through.

He asked if she could remember the statement she gave police at the hospital.

The victim said she was sedated at the time and was unable to remember exactly what she said.

Woods reminded the woman of her telling officers she knew their height, but was unable to recognize anything else about them.

She said she knew one was taller than the other, and was unable t


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