A Kentucky man described in court as a pedophile broke a window pane in the Fayette County Jail Monday just minutes after he was brought back from a sentencing hearing where he learned he will spend the next four years in prison for unlawful sexual conduct with a 13-year-old Washington C.H. girl.
Richard A. Davidson, 44, appeared in the Fayette County Court of Common Pleas Monday afternoon for sentencing on two charges of unlawful sexual conduct with a minor, a third-degree felony, and aggravated possession of drugs (methamphetamine), a fifth-degree felony. Davidson was found guilty on both charges last week by Judge Steven Beathard after a lengthy bench trial that presented evidence and witness testimony from both sides of the courtroom.
Testimony in the bench trial revealed that Davidson is a military veteran who drove more than 100 miles from Indiana, where he resided at the time, to meet with the 13-year-old. He arrived sometime around midnight Dec. 1, 2016 at the home of the minor’s grandmother. Once inside the home, the two proceeded to the minor’s bedroom, had a discussion, took off their clothing and engaged in sexual activity until the grandmother appeared in the room, ended the activity and called police.
Davidson maintained that he was innocent throughout the court proceedings and said that he was not aware of the girl’s age. If anything, he said he thought she was 19-years-old. But during Monday’s sentencing hearing, the grandmother of the 13-year-old spoke and said, “Your Honor, the man I found in my house that night knew exactly what he was doing that night.”
Court records and testimony revealed Davidson and the minor met through an online website. Davidson said he believed the girl was 19-years-old based on her online profile and said he didn’t notice the girl’s bedroom was decorated with children’s stickers and a large stuffed elephant, evidence that the state relied on to demonstrate that Davidson knew he was meeting with a minor.
At the time of the incident the Fayette County Sheriff’s Office arrested Davidson at the grandmother’s house and impounded his vehicle. A search of the vehicle revealed 2.13 grams of methamphetamine and a “crack pipe” used for ingesting drugs.
“He was on something that night and there is no doubt in my mind that he was on something by the way that he was acting,” stated the minor’s grandmother to the court.
The grandmother said the 13-year-old has suffered acute mental anguish as a result of the incident.
In fashioning Davidson’s sentencing, Judge Beathard said Davidson has shown no remorse for his actions and said that recidivism is more likely.
Fayette County Prosecutor Jess Weade said it was a classic case of pedophilia and that it’s not the state’s belief that pedophiles can be rehabilitated.
Judge Beathard echoed the state’s position and said, “I find this conduct more serious based on the exhibits admitted for trial…I do find that he is a pedophile and in the court’s opinion he cannot be cured.”
The court was required to consider Davidson’s military service record prior to sentencing. Judge Beathard addressed Davidson’s time in the Army and said that his criminal offenses have no relation to prior military experience or service.
Davidson will serve a total sentence of four years in prison. He was ordered to serve four years on the charge of unlawful sexual conduct with a minor and was given a concurrent sentence of one year for possession of drugs. Following release from prison he will be supervised for a mandatory period of five years by the Ohio Parole Authority. If he violates his parole terms, the Ohio Parole Authority may place him back into prison.
He is eligible for one to five days of good time credit per month and the Ohio Department of Rehabilitation and Correction will determine Davidson’s eligibility for any programs. Davidson had a minor misdemeanor record and no prior felony record, according to the court.
Davidson signed a sex offender notification form during sentencing and is now classified as a Tier II sex offender in Ohio. The Tier II classification requires Davidson to notify authorities and register where he lives, works, and goes to school for the next 25 years. Judge Beathard reminded Davidson that he will have to seek out those registration places in whichever state and county he resides in following his release from prison.
At the end of the hearing, Davidson said he was “absolutely” filing for appeal in the case and requested that he file the paperwork necessary for the court to appoint him an attorney on appeal.
Following the conclusion of the sentencing hearing, Davidson was escorted by the court bailiff back to the Fayette County Jail to await transportation to Correctional Reception Center in Orient, Ohio. Shortly afterwards the 13-year-old minor and her family, who were present in the courtroom for the sentencing hearing, left the courthouse and walked to the parking lot.
According to Fayette County Sheriff’s Office Chief Deputy Andy Bivens, at that time Davidson used a soda bottle to bust out a single window pane in one of the jail’s windows. Witnesses reported that he screamed threats and profanities at the victim and her family as they proceeded to their vehicles in the parking lot.
Reach Ashley at (740) 313-0355 or by searching Twitter.com for @ashbunton