Man convicted of illegal sexual activity with minor
A 30-year-old martial arts instructor from Orem pleaded guilty to two felonies Tuesday for allegedly having sex with a 14-year-old South Summit girl, prosecutors say.
Andrew Jackson Davis was charged last spring with felony rape, aggravated burglary and unlawfully carrying a concealed weapon when he was arrested at a house in Peoa on May 4. Investigators said the victim was at school around 10:30 a.m. the morning her guardian reportedly noticed Davis’ legs and arms under the girl’s bed. "[Davis] had broke into the house up there and was hiding underneath the bed," Summit County sheriff’s Chief Deputy Dave Booth said at the time of the arrest. According to authorities, Davis attempted to flee through a window but was taken into custody and found to be carrying a gun in his waistband.
To prevent the girl from having to testify at trial, charges against Davis were reduced in exchange for guilty pleas, Summit County prosecutor Gus Chin said. "If you put them back through a trial and they’re reliving the incident then it makes it more difficult to have them recover from the experience," Chin said. "They were OK with it, with the understanding why I was doing it that way — rather than going after the primary offense." Davis pleaded guilty to aggravated burglary, a 2nd-degree felony, and unlawful sexual activity with a minor, a 3rd-degree felony, Chin said, adding that sentencing is scheduled to occur in Third District Court at Silver Summit on Jan. 3, 2006. "You still get him to acknowledge that the conduct was criminal and it holds him accountable," Chin said about the deal.
Davis told the Summit County girl he was dying of cancer, which is untrue, authorities say. They claim interviews with the girl revealed that Davis was her karate instructor and had sex with her repeatedly. She described the sex as consensual, Summit County sheriff’s Capt. Joe Offret said last June.
"[The gun] was loaded," Booth said. "Exactly why he had his (gun) with him I’m really not sure." Davis has been incarcerated in Summit County since May and Chin added that he would seek no further jail time for the man. The prosecutor said Davis is also facing several 1st-degree felony charges in Utah County. "Those are all related to rape of a child," Summit County Attorney David Brickey said. "We want him to serve his punishment here and then go to Utah County." Second-degree felonies are punishable by a $10,000 fine and one to 15 years in prison. Third-degree felonies could carry a sentence of zero to five years in prison and a $5,000 fine.
According to a Fourth District Court clerk in Provo, Davis has been charged with multiple 1st-degree felonies in relation to the alleged rape of a child in Utah County.
The charges stemmed from incidents that allegedly occurred July 1, 2004, the clerk said, adding that Davis was charged last July.
A preliminary hearing is scheduled for Davis in Utah County on Nov. 29, the clerk said. Ed Stone, an attorney in Park City, represented Davis in Third District Court. Stone did not return a telephone call before press time.
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