Suspected [Child] molester is out on bond again [5-yr-old sexual assaulted at NC-Rest Area]

Charlotte Observer (registration required) ^ | Tue Jan 6, 3:51 AM ET | JAIME LEVY, Staff Writer

[TaxRelief]

(snip)... Cabarrus County - [David Nelson] Judy was released from the Cabarrus County jail Monday on $40,000 bond.

In Saturday's incident, the 5-year-old boy had been traveling from Tampa, Fla., with his mother and her boyfriend to their home in Newport News, Va., when they stopped at the northbound rest area at about 3:30 p.m.

The boy and his two older brothers, ages 10 and 6, went to use the bathroom while their mother waited in the hall and her boyfriend cleaned out the car, police said. The 5-year-old entered a restroom stall, the boyfriend said.

When the 10-year-old boy finished using the restroom, he went to check on his brother in the stall, police said. The stall door was locked, so the 10-year-old looked under the door.

The 10-year-old saw a man restraining the 5-year-old while performing oral sex on him, Hamilton said.

The 10-year-old ran out screaming, police said, and the man also emerged. Not knowing what had happened, the boys' mother confronted the man. Police said the man ran. The mother called out to her boyfriend to stop him.

The boyfriend tackled and held the man until police arrived after receiving a call about the fight.

Monday evening, the mother's boyfriend told The Observer that the 5-year-old is doing "OK."

"He really doesn't understand what happened," the boyfriend said. "He knows it was a bad thing, but he doesn't really know how bad it was and how bad it could have been."

(Prior arrest details) In November 2002, Judy was arrested in Mecklenburg County on two felony counts of taking indecent liberties with a minor. A 9-year-old boy had told police he'd been molested in a store restroom.

"The 2002 charges against Judy outline a similar crime: According to the Charlotte-Mecklenburg Police Department, a 9-year-old boy went to the bathroom at the University-area Wal-Mart Nov. 30, 2002. The boy told police a man grabbed him in his groin area and began molesting him. The boy said he was able to get away, and he notified a witness. The witness said he detained the man until police arrived."

[TaxRelief]

He was released because the magistrate didn't have "time" to check his prior record.

"Concord Police Chief Merl Hamilton said officers told Magistrate Steve Hilton about Judy's criminal history -- but Hilton said he didn't receive the information until after he had set Judy's bond."

Prior record or not, can a sexual predator, who preys on little boys and is caught in the act, be released this easily?

[FormerLib]

Better check to see if Magistrate Steve Hilton has ever attended a NAMBLA meeting.

[BallandPowder]

Powder..patch..Ball FIRE!

Rope and a tree...
or perhaps a lead injection...

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[Redbob]

"Rope and a tree...
or perhaps a lead injection..."

If the victim were my 6-year-old, I'd be the one asking the judge to release the scumbag on bail...

[BallandPowder]

powder..Patch..Ball FIRE!

If the victim were my 6-year-old, I'd be the one asking the judge to release the scumbag on bail...

Not me, I'd just trail him to his nest and then exterminate him without anyone else knowing. But HE would know..

[Darksheare]

Yes.
It's the inverse intelligence rule.
The more dangerous the criminal, the shorter his sentence.
Conversely, the lesser the threat, the longer the sentence.

[NMFXSTC]

Too easy (powder/patch)...DRANO enema!

[jtminton]

I tell you what, if I was the boyfriend who was restraining that guy he wouldn't have been alive by the time the cops got there. . .

[TaxRelief]

So everybody is angry at the molester.

Am I the only one who is furious at the magistrate? And the system that let him go the first time?

[BallandPowder]

Powder..Patch..Ball FIRE!

I tell you what, if I was the boyfriend who was restraining that guy he wouldn't have been alive by the time the cops got there

That would have been the best solution, and in answer to your following post, the judge needs a lesson or two on how to perform his job....

[azhenfud]

"The boyfriend tackled and held the man until police arrived after receiving a call about the fight."

The boyfriend should have restrained the man by the neck until dead while police were summoned. The Police take their time, don't you know. Occasionally they don't make it in time.... :-p

[wasp69]

The boyfriend tackled and held the man until police arrived after receiving a call about the fight.

I thank God Almighty that this animal was restrained and arrested, I am also greatful that the child was not injured and is probably too young to understand what happened to him.

On the other hand, why was this bastard put into a police car instead of an ambulance?

[wasp69]

I tell you what, if I was the boyfriend who was restraining that guy he wouldn't have been alive by the time the cops got there.

Exactly. They would have had to pry my white knuckled fingers from around his neck.

[TaxRelief]

Follow up story -

---

http://www.charlotteobserver.com

Rest-stop suspect back in county jail, Bond higher for accused molester
JAIME LEVY, Staff Writer

CONCORD - The man accused of
sexually assaulting a 6-year-old boy in a rest-stop bathroom earlier this month was back in the Cabarrus County jail Monday after a judge increased his bond from $40,000 to $250,000.

Also Monday, a grand jury indicted David Nelson Judy, 30, on a charge of first-degree statutory sex offense in connection with the rest-stop incident. Judy also has two felony counts of taking indecent liberties with a minor from 2002 pending in Mecklenburg County.

In modifying the terms of Judy's bond, Superior Court Judge David Lee banned the suspect from visiting the Concord rest stop on Interstate 85 where the 6-year- old said he was assaulted Jan. 3.

If he posts the higher bond, Judy cannot have any contact with the victim, cannot leave the state and cannot come into Cabarrus County, except on business related to the case. If Judy comes into the county, he must be accompanied by a responsible adult.

The boy's mother said she was relieved to know Judy was back in jail. In light of the charges pending from his arrest in Mecklenburg, she said, she had been upset to learn that Judy had posted bond in Cabarrus within two days of his arrest last week.

The mother also said her son is 6 years old -- not 5, as police had initially reported.

Cabarrus District Attorney Roxann Vaneekhoven has said her office occasionally asks a judge to review a suspect's bond.

Judy was arrested and charged with first-degree sexual offense after the 6-year-old boy said he had been sexually assaulted in the restroom of the northbound I-85 rest stop near Exit 58. The boy's family had stopped there en route from Tampa, Fla., to their home in Newport News, Va.

At the time of the rest stop incident, Judy was out on $50,000 bond from the Mecklenburg County jail after his arrest in November 2002 on the indecent liberties charges. Those charges stemmed from a 9-year-old boy's report that he had been molested in a Wal-Mart restroom.

Cabarrus County Magistrate Steve Hilton set Judy's bond at $40,000 on Jan. 3 -- $10,000 less than recommended in county guidelines for a crime that could be punished with a life sentence, such as first- degree statutory sex offense.

Hilton said last week that he had not checked Judy's record that evening because the office was busy. He added that police told him about the pending charges only after he had set the bond. Hilton declined to comment Monday evening. But Concord Police Chief Merl Hamilton has said officers called Hilton twice to tell him about the Mecklenburg arrest before Hilton set the bond.

Judy appeared in Cabarrus County Superior Court Monday with Joe VonKallist, his lawyer in the Mecklenburg case. VonKallist told the judge he would help Judy find local representation for the Cabarrus charges.

Judy's next Cabarrus court appearance is scheduled for Jan. 29, to update the court on his new attorney.

---

For discussion and education purposes only.

[Darksheare]

"Hilton said last week that he had not checked Judy's record that evening because the office was busy. He added that police told him about the pending charges only after he had set the bond. Hilton declined to comment Monday evening. But Concord Police Chief Merl Hamilton has said officers called Hilton twice to tell him about the Mecklenburg arrest before Hilton set the bond."

In other words, Hilton is now doing a duck and cover to save face.
And in doing so he shows just how lightly he took the situation?

[Carolinamom]

At the time of THIS incident, Judy was OUT ON PROBATION under $50,000 bond and he gets OUT AGAIN on $40,000 bond??????????????????

UNBELIEVABLE. But true. And now the judge is basically revealing his own incompetence. How many other children victims of this sicko will there be before jail time arrives for this SEX OFFENDER?

I'm almost as offended by the judge as I am by this molester. Surely, the SECOND time of the same offense would have given the judge a CLUE that here was a serial offender.

[cupcakes]

Hilton said last week that he had not checked Judy's record that evening because the office was busy. He added that police told him about the pending charges only after he had set the bond. Hilton declined to comment Monday evening. But Concord Police Chief Merl Hamilton has said officers called Hilton twice to tell him about the Mecklenburg arrest before Hilton set the bond.
____

Who cares if this sick b*stard has a prior anything. He forcibly held a 5 yr old child down and performed oral sex on him. This guy never needs to see the light of day again!