This week a teenager was sentenced to 13 1/2 years in the Oklahoma Department of Corrections after being found guilty of raping a 5-year-old girl.
Kay County Oklahoma District Judge D.W. Boyd sentenced 19-year-old Dwayne Leroy Emery Jr., and ordered him to register as a sex offender upon release.
Ponca City police arrested Emery Aug. 19, 2009 and he was later charged a felony count of first degree rape, two counts of first degree rape by instrumentation and two counts of lewd molestation.
The affidavit describes a 5-year-old girl bleeding profusely while her two six year old twin sisters watched in horror.
After sticking the child in the bathtub and later placing a diaper on her, Emery called the child’s mother at work and told her she needed to come home.
The affidavit states that Emery tried to tell the mother the younger kids were responsible.
The victim was taken to the emergency room where it was determined she needed emergency surgery.
Emery has been incarcerated ever since being arrested and is guaranteed at least another 13 years behind bars.
Bikers Against Child Abuse (BACA) and members of the Child Advocacy Center of Kay County attended Emery’s sentencing.
Maggie Hutchason, executive director of the center, called the sentence unacceptable punishment.
“For the Department of Human Services worker to hold the hand of a five-year-old in the emergency room and for the police officer who hears a child say thanks for taking me out of there, 13 1/2 years is an unacceptable punishment.” Hutchason said. “I learned years ago not to measure a successful outcome by the number of years an offender is sentenced to because the court system is not child friendly. We would lose our minds if we measured success by the sentences. We do not have any impact with the courts.”
Hutchason said the children in the family were adopted 18 months ago and are in a stable home together.
In a twist of irony to this story, the children’s biological father is serving a 10-year prison term after being convicted of shaking his 2-month old baby, the rape victim’s brother.
Gypsy, a BACA represntive agreed that Emery should have been sentenced to a longer stay in prison but was happy to see that he will be off the street.
A television reporter questioned Emery as he was being escorted back to jail.
The reporter asked Emery if he had any remorse about the crime.
As Emery tried to hide his face a small crowd watched and yelled at him, with one person saying she hopes he gets his behind bars. The reporter continued the questioning.
Emery finally broke his silence and denied committing the crime and said he took the plea deal because it was the best he could do.