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Last defendants plead guilty

By Graff

Marietta Daily Journal Staff Writer

MARIETTA - The four remaining defendants accused of raping a mentally challenged

13-year-old girl pleaded guilty Wednesday, bringing to a close what was slated

to be one of the largest gang rape trials in the country.

All 18 men sentenced in the case were given a combined total of nearly 150 years

in prison and 150 years on probation.

Only two of the original defendants - Keland Ware and Carelius son - walked

out of the courtroom as free men on Wednesday, striking a deal with prosecutors

for credit on time served - about 2½ years.

The only evidence that existed against the two men were conflicting eyewitness

accounts that they were present in the apartment the night of the rape.

In an interview following the close of court proceedings on Wednesday, Cobb

County District Attorney Pat Head said this was the best possible ending for

this worst-case scenario.

" I don't think there are ever winners in a criminal case, " he said. " That's good

that we didn't have to go forward with the trial. "

But, he said, the resolution of the case does not take away the devastation this

event has caused the families of the defendants and of the victim.

The incident occurred between 4 p.m. Oct. 13 and 2 a.m. Oct. 14, when four men

at the Forest Creek apartment complex off Favor Road next to Osborne High School

lured the girl - who had the mental capacity of a 7-year-old - into an apartment

and videotaped themselves having sex with her.

The men left to attend a high school football game, but returned later with

another group of men and continued to have sex with the victim in an abandoned

apartment in the same complex.

" I just don't see anybody being a winner, " Head said. " I see it as a positive

resolution to a very bad event. "

In addition to Ware and son, sentenced in court on Wednesday were

28-year-old ph Jimmy Jr., who will serve eight years in prison and

12 on probation for statutory rape, and 27-year-old Wyatt, who will

serve nine years behind bars and 11 on probation on charges of child molestation

and statutory rape.

During sentencing, Chief Judge Staley offered final words of wisdom and

comfort to the remaining defendants and their families.

During Wyatt's sentencing, his mother stood behind him in the front of the

courtroom, quietly sobbing.

" Your family will get through this, " Judge Staley said.

She also agreed with defense attorney Connie McManus who, speaking on behalf of

Wyatt, said one of the most appalling aspects of the crime what that nobody

there tried to stop it. He was 24 at the time of the 2000 incident.

Judge Staley told Wyatt that recognizing he was wrong for not stopping it was

first step toward changing his behavior.

" This isn't how anybody should behave, but no one called the police, nobody

said, 'This is wrong, we shouldn't do it,' " she said.

Other defendants who entered pleas on Tuesday included 17-year-old Tyvone ,

who was 15 at the time of the incident and was sentenced to five years in the

state juvenile justice system; 21-year-old Grant, who pleaded guilty to

statutory rape and was sentenced to eight years in prison and 12 years on

probation; 20-year-old Shimell Nicholson, who pleaded guilty to statutory rape

and was sentenced to eight years in prison and 12 on probation; 20-year-old

Lyons - one of the four involved in making the videotape - who pleaded

guilty to statutory rape and sexual exploitation of a minor and was sentenced to

eight years behind bars and 12 on probation and 29-year-old son, who

was sentenced to 10 years behind bars and 10 on probation for statutory rape.

son was 27 at the time of the offense and was the oldest of the 18 men.

All men receive credit for time served.

mgraff@...

~~~ Imagine all the people, living life in peace - Lennon ~~~

-------------------------

gina, 31, ny

single mom to -

kailey, 8, autism, hyperlexia, depression, anxiety, OCD, DSI

trevor, 3, multiple developmental delays, no " official " dx yet

parker jade, due 7-25-03 :-D

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