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OFFICE OF THE PROSECUTING ATTORNEY
100 South Central Avenue - Second Floor
Clayton, MO 63105
(314) 615-2600
E-Mail: pa@stlouisco.com
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PA Press Release |
02/05/2007 |
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IN THE CIRCUIT COURT OF ST. LOUIS COUNTY
STATE OF MISSOURI
-VS-
MICHAEL DEVLIN
491 SOUTH HOLMES, APT. D.
SAINT LOUIS, MO 63122
RACE:White
SEX: M
DOB: 11/19/1965
HGT: 6'04
WGT: 240
ALIAS:
OCN:
RPT NO: 07-600
P.D.: Kirkwood
ORI Number: MO0954300
CT. NO: 07CR-000541
CHARGES
Count: 01 CHILD KIDNAPPING - CLASS A FELONY
Count: 02 FORCIBLE SODOMY - FELONY
Count: 03 FORCIBLE SODOMY - FELONY
Count: 04 FORCIBLE SODOMY - FELONY
Count: 05 FORCIBLE SODOMY - FELONY
Count: 06 FORCIBLE SODOMY - FELONY
Count: 07 FORCIBLE SODOMY - FELONY
Count: 08 FORCIBLE SODOMY - FELONY
Count: 09 FORCIBLE SODOMY - FELONY
Count: 10 FORCIBLE SODOMY - FELONY
Count: 11 FORCIBLE SODOMY - FELONY
Count: 12 FORCIBLE SODOMY - FELONY
Count: 13 FORCIBLE SODOMY - FELONY
Count: 14 FORCIBLE SODOMY - FELONY
Count: 15 FORCIBLE SODOMY - FELONY
Count: 16 FORCIBLE SODOMY - FELONY
Count: 17 FORCIBLE SODOMY - FELONY
Count: 18 KIDNAPPING - CLASS B FELONY
Count: 19 FORCIBLE SODOMY - FELONY
Count: 20 FORCIBLE SODOMY - FELONY
Count: 21 FORCIBLE SODOMY - FELONY
Count: 22 FORCIBLE SODOMY - FELONY
Count: 23 FORCIBLE SODOMY - FELONY
Count: 24 FORCIBLE SODOMY - FELONY
Count: 25 FORCIBLE SODOMY - FELONY
Count: 26 FORCIBLE SODOMY - FELONY
Count: 27 FORCIBLE SODOMY - FELONY
Count: 28 FORCIBLE SODOMY - FELONY
Count: 29 FORCIBLE SODOMY - FELONY
Count: 30 FORCIBLE SODOMY - FELONY
Count: 31 FORCIBLE SODOMY - FELONY
Count: 32 FORCIBLE SODOMY - FELONY
Count: 33 FORCIBLE SODOMY - FELONY
Count: 34 FORCIBLE SODOMY - FELONY
Count: 35 FORCIBLE SODOMY - FELONY
Count: 36 FORCIBLE SODOMY - FELONY
Count: 37 FORCIBLE SODOMY - FELONY
Count: 38 FORCIBLE SODOMY - FELONY
Count: 39 FORCIBLE SODOMY - FELONY
Count: 40 FORCIBLE SODOMY - FELONY
Count: 41 FORCIBLE SODOMY - FELONY
Count: 42 FORCIBLE SODOMY - FELONY
Count: 43 FORCIBLE SODOMY - FELONY
Count: 44 FORCIBLE SODOMY - FELONY
Count: 45 FORCIBLE SODOMY - FELONY
Count: 46 FORCIBLE SODOMY - FELONY
Count: 47 FORCIBLE SODOMY - FELONY
Count: 48 FORCIBLE SODOMY - FELONY
Count: 49 FORCIBLE SODOMY - FELONY
Count: 50 FORCIBLE SODOMY - FELONY
Count: 51 FORCIBLE SODOMY - FELONY
Count: 52 FORCIBLE SODOMY - FELONY
Count: 53 FORCIBLE SODOMY - FELONY
Count: 54 FORCIBLE SODOMY - FELONY
Count: 55 FORCIBLE SODOMY - FELONY
Count: 56 FORCIBLE SODOMY - FELONY
Count: 57 FORCIBLE SODOMY - FELONY
Count: 58 FORCIBLE SODOMY - FELONY
Count: 59 FORCIBLE SODOMY - FELONY
Count: 60 FORCIBLE SODOMY - FELONY
Count: 61 FORCIBLE SODOMY - FELONY
Count: 62 FORCIBLE SODOMY - FELONY
Count: 63 FORCIBLE SODOMY - FELONY
Count: 64 FORCIBLE SODOMY - FELONY
Count: 65 FORCIBLE SODOMY - FELONY
Count: 66 FORCIBLE SODOMY - FELONY
Count: 67 FORCIBLE SODOMY - FELONY
Count: 68 FORCIBLE SODOMY - FELONY
Count: 69 FORCIBLE SODOMY - FELONY
Count: 70 FORCIBLE SODOMY - FELONY
Count: 71 FORCIBLE SODOMY - FELONY
COMPLAINT
State of Missouri )
SS
County of St. Louis ) (HOLD FOR GRAND JURY)
Comes now the undersigned complainant, being duly sworn upon oath, and under penalties of perjury, and states that there is probable cause to believe that the above-named defendant(s) committed the following crimes:
Examples of counts:
Count: 01 CHILD KIDNAPPING - CLASS A FELONY
That Michael J. Devlin, in violation of Section 565.115, RSMo, committed the class A felony of child kidnapping, punishable upon conviction under Section 558.011, RSMo, in that between Monday, January 8th, 2007 and Friday, January 12th, 2007, at 491 South Holmes, Apt. D, in the City of Kirkwood, in the County of St. Louis, State of Missouri, the defendant, who was not related to W.B.O., by blood or marriage, knowingly and unlawfully confined W.B.O., a child under the age of fourteen years, and defendant, confined the child without the consent of a parent or guardian.
1602599.0
Count: 02 FORCIBLE SODOMY - FELONY
That Michael J. Devlin, in violation of Section 566.060, RSMo, committed the felony of forcible sodomy, punishable upon conviction under Section 566.060, RSMo, in that on or about Monday, January 8th, 2007, at 491 South Holmes, Apt. D, in the City of Kirkwood, in the County of St. Louis, State of Missouri, the defendant knowingly had deviate sexual intercourse with W.B.O. by the use of forcible compulsion.
1108499.0
Count: 03 FORCIBLE SODOMY - FELONY
That Michael J. Devlin, in violation of Section 566.060, RSMo, committed the felony of forcible sodomy, punishable upon conviction under Section 566.060, RSMo, in that on or about Monday, January 8th, 2007, at 491 South Holmes, Apt. D, in the City of Kirkwood, in the County of St. Louis, State of Missouri, the defendant knowingly had deviate sexual intercourse with W.B.O. by the use of forcible compulsion.
1108499.0
Count: 18 KIDNAPPING - CLASS B FELONY
That Michael J. Devlin, in violation of Section 565.110, RSMo, committed the class B felony of kidnapping, punishable upon conviction under Section 558.011, RSMo, in that between October 6th, 2002 and November 30th, 2002, the defendant unlawfully confined S.H. at 491 South Holmes, Apt. D, without his consent for a substantial period, for the purpose of facilitating the commission of the felony of forcible sodomy.
1602099.0
Count: 19 FORCIBLE SODOMY - FELONY
That Michael J. Devlin, in violation of Section 566.060, RSMo, committed the felony of forcible sodomy, punishable upon conviction under Section 566.060, RSMo, in that between October 6th, 2002 and November 30th, 2002, at 491 South Holmes, Apt. D, in the City of Kirkwood, in the County of St. Louis, State of Missouri, the defendant knowingly had deviate sexual intercourse with S.H. by the use of forcible compulsion.
1108499.0
Count: 20 FORCIBLE SODOMY - FELONY
That Michael J. Devlin, in violation of Section 566.060, RSMo, committed the felony of forcible sodomy, punishable upon conviction under Section 566.060, RSMo, in that between October 6th, 2002 and November 30th, 2002, at 491 South Holmes, Apt. D, in the City of Kirkwood, in the County of St. Louis, State of Missouri, the defendant knowingly had deviate sexual intercourse with S.H. by the use of forcible compulsion.
1108499.0
The undersigned Prosecutor informs the Court on information and belief that the above offenses herein charged were committed.
Assistant Prosecuting Attorney MBE
The facts that form the basis for this belief are contained in the following statement of facts concerning this matter, which statement is made a part hereof and is submitted herewith as a basis upon which this court may find the existence of probable cause for the issuance of a warrant.
Probable Cause Statement of Facts
1. W.B.O. was abducted on January 8, 2007.
2. W.B.O. stated that he was forcibly abducted by Michael J. Devlin.
3. W.B.O. stated that Michael J. Devlin confined him and forced him to perform deviate sexual intercourse on multiple occasions in St. Louis County, Missouri.
4. S.H. was abducted on October 6, 2002.
5. S.H. stated that he was forcibly abducted by Michael J. Devlin.
6. S.H. stated that Michael J. Devlin confined him and forced him to perform deviate sexual intercourse on multiple occasions in St. Louis County, Missouri.
7. Michael J. Devlin admitted abducting W.B.O. and S.H. and performing deviate sexual intercourse upon them.
The undersigned complainant states the facts herein are true and acknowledges that he/she has been notified that any false statements made herein are punishable by law.
Complainant, Det. Geoff Morrison, DSN 141, Kirkwood Police Dept.
February 5, 2007
Date
Ct.No. 07CR-000541 Div 36W Circuit Court of St. Louis County, Missouri
The charges against defendant are merely an accusation and this defendant is presumed innocent until and unless proven guilty.
___________________________________________________________
566.060. 1. A person commits the crime of forcible sodomy if such person has deviate sexual intercourse with another person by the use of forcible compulsion. Forcible compulsion includes the use of a substance administered without a victim's knowledge or consent which renders the victim physically or mentally impaired so as to be incapable of making an informed consent to sexual intercourse.
2. Forcible sodomy or an attempt to commit forcible sodomy is a felony for which the authorized term of imprisonment is life imprisonment or a term of years not less than five years, unless:
(1) In the course thereof the actor inflicts serious physical injury or displays a deadly weapon or dangerous instrument in a threatening manner or subjects the victim to sexual intercourse or deviate sexual intercourse with more than one person, in which case the authorized term of imprisonment is life imprisonment or a term of years not less than ten years; or
(2) The victim is a child less than twelve years of age, in which case the required term of imprisonment is life imprisonment without eligibility for probation or parole until the defendant has served not less than thirty years of such sentence or unless the defendant has reached the age of seventy-five years and has served at least fifteen years of such sentence. Subsection 4 of section 558.019, RSMo, shall not apply to the sentence of a person who has pleaded guilty to or has been found guilty of forcible sodomy when the victim is under the age of twelve, and "life imprisonment" shall mean imprisonment for the duration of a person's natural life for the purposes of this section.
3. No person found guilty of or pleading guilty to forcible sodomy or an attempt to commit forcible sodomy shall be granted a suspended imposition of sentence or suspended execution of sentence.
556.061. In this code, unless the context requires a different definition, the following shall apply:
(12) "Forcible compulsion" means either:
(a) Physical force that overcomes reasonable resistance; or
(b) A threat, express or implied, that places a person in reasonable fear of death, serious physical injury or kidnapping of such person or another person;
566.010. As used in this chapter and chapter 568, RSMo, the following terms mean:
(1) "Deviate sexual intercourse", any act involving the genitals of one person and the hand, mouth, tongue, or anus of another person or a sexual act involving the penetration, however slight, of the male or female sex organ or the anus by a finger, instrument or object done for the purpose of arousing or gratifying the sexual desire of any person or for the purpose of terrorizing the victim;
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