Man makes startling discovery in break-in

Dayton Daily News ^ | 10/28/03 | Nancy Bowman

[arjay]

TROY | A 20-year-old man burglarizing an apartment pried open a tackle box and found nude photos of young girls, including his little sister.

The man turned himself and the pictures into police, who later arrested the apartment's tenant, a registered sex offender now facing a possible life sentence after being charged with rape of a child under the age of 13 and illegal use of a minor in nudity-oriented material.

Police said the rape charge against Richard Yearsley, 51, involved sexual touching in March of a child who was just under 4.

The 20-year-old man told police he watched Yearsley, whom he knew, leave the apartment and broke in once he left. Police said he then became enraged when he saw his 4-year-old sister's picture among "numerous" Polaroid photos of nude or partially nude young girls inside the tackle box.

He showed some of the photos to the building maintenance man, who convinced him to go to the police.

Police then searched the apartment late Friday and found photos of other young children in various states of dress.

The man said he knew what he had done was wrong, but "he knew that Yearsley was involved in something much worse and had to be stopped," according to the police report.

Police said that Yearsley admitted to taking photos of four other children during the past couple of years, and sexually touching some of them.

Wayne Willcox, deputy Piqua police chief, said the 20-year-old's case was referred to the city prosecutor to determine what charges will be filed.

Yearsley was registered as a sexually oriented offender with the Miami County Sheriff's Office following a 1995 conviction in Miami County for felony gross sexual imposition and disseminating matter harmful to juveniles.

Bail for Yearsley was set at $150,000 at arraignment Monday in Miami County Municipal Court.

Yearsley's preliminary hearing is scheduled for next Tuesday .

The Dayton Daily News is not identifying the 20-year-old man in order to protect the identity of his sister.

[arjay]

Wonder what they will do to the burglar.

[buffyt]

YIKES~ what a story!

[biblewonk]

This is too twisted for CSI.

[The Dude Abides]

The pervert perp is darn lucky he's still breathing right now. I might have thought long and hard about what to do were I in a similar situation as the burglar.

[PISANO]

Lawyers?

Will this case gets dismissed because the EVIDENCE was ILLEGALLY obtained?

[nevergore]

A smart judge would see that there may be something to redeem with this young man and design a sentence that help him move back in line.......

NeverGore

[netmilsmom]

The guy breaking in was wrong in trying to steal.
God Bless him for doing the right thing.
My baby is "just under four". This sicko is lucky I didn't see pictures of my daughter there. He would have been missing a piece of anatomy before I called the police.

[Onelifetogive]

YIKES~ what a story!

We shouldn't go overboard on this...innocent until proven guilty...and all that. This "man" should have a fair trial, competent representation, etc...and then he should be tortured to death!

[HuntsvilleTxVeteran]

I believe this man can be rehabilitated.

[Rogerf]

If I was the judge I'd scare him with a harsh sentence. Then suspend it. He's got some guts & his heart must be in the right place to stick his neck out & turn this guy in and convict himself at the same time.

[Arthalion]

If he's burgled this place, he's probably burgled others, so he should be convicted. But if I were the judge I'd "set aside" the sentence in light of what the guy did.

What really suprised me was this line: "The Dayton Daily News is not identifying the 20-year-old man in order to protect the identity of his sister. It's so rare nowadays to see a newspaper do the right thing!

[rabidralph]

The man said he knew what he had done was wrong, but "he knew that Yearsley was involved in something much worse and had to be stopped," according to the police report.

Now, I'm confused. Was the young man actually burglarizing the apartment or did he break in to look for evidence of Yearsley's sex crimes?

[wimpycat]

I dunno. IS it illegally obtained evidence if it is evidence in a burglary where the burglar turned himself in?

[ArrogantBustard]

rehabilitated.

You are referring to the burglar? If so, he probably can. He seems to have a conscience. Or at least a sense of decency.

[r9etb]

Just curious: how did Yearsley get that sort of access to little girls in the first place?

[Dan Evans]

Will this case gets dismissed because the EVIDENCE was ILLEGALLY obtained?

I don't think so. Evidence is dismissed only if it is illegally obtained by a govt agent.

[N3WBI3]

IMNAL but I think actually it was not, evidance can be submitted by the state so long as the state was not the party who illegially obtained the evidance. In this case the young man took it, but then turned it over to the state.. He will pay for his crime but the evidance can still be used..

[John Beresford Tipton]

"Will this case gets dismissed because the EVIDENCE was ILLEGALLY obtained?"

The exclusion of evidence illegally obtained only applies if the person stealing the stuff is an agent of the state. Here, he was a burglar, not an agent of the state. The fact that he later turned it over to the state has no bearing.

[steplock]

Only the police or other govt officials can "illegaly" obtain evidence. The police in this case LEGALLY received evidence from a crime in progress.

[Chancellor Palpatine]

Its only illegal if the government directed him to take it.

Otherwise, its fair game.