UPDATE 07-22-2011 at 6:35pm by Jerry Askin

Tears filled the eyes of former Gretna police officer Lavander Barkley Friday as the judge announced that he will spend the next nine years behind bars.

He was sentenced to nine years in the Department of Corrections.

"Wow. Nine years without anyone that's an essential part of our family. It's going to be hard," says Barkley’s cousin Tenesha Hall.

Barkley was found guilty of sexually assaulting a woman he pulled over in a traffic stop last September 2010. Barkley says the sex act was consensual, but the victim says she never said she would have sex with him.

At today's sentencing, Barkley admitted he made a bad decision that cost him a lot.

Barkley says, "I made a bad decision. I made a bad decision."

"For them to send him to nine or 10 years in prison for a questionable crime. I feel like justice wasn't served," says Barkley’s cousin Donny Young.

Several family members, including Barkley's wife, testified asking that Barkley walk away a free man, or at least, serve a shorter sentence.

"That's not his character. That's not his person. And I say to you today, I'm asking you and I’m begging you today for mercy," Barkley's wife told the court.

But State Attorney Richard Combs says he sticks by his recommendation that Barkley should face 15 years in prison and 5 years of probation because he says he violated police protocol.

We did reach out to the defense attorney for a comment, but he declined to speak with us.
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Former Gretna Officer Lavander Barkley is sentenced to 108 months in prison.

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[UPDATE] 7-22 2:30pm -

State attorney Richard Combs says Barkley should not face a lesser sentence because Barkley violated police policy and the individual will now have a mistrust for authorities and all law enforcement. He recommended to the judge that Barkley gets 15 years in DOC.

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[UPDATE] 6-9 2:00pm -

Barkley just testified admitting that he made a bad decision and it cost him a lot. He asked the judge for justice.

State attorney Richard Combs brought up one witness to testify.

Defense attorney Ian Nesbeth is testifying now. He says Mr Barkley has shown remorse for what happened and says he's a good person and has no criminal history. He admits Barkley made a mistake. He's asking for probation or a year and a day In DOC.

The sentencing just began for a former officer found guilty of sexually molesting a woman he pulled over in a traffic stop.

Witness are testifying now about Former Gretna Officer Lavander Barkley. 14 people are taking the stand in defense of Barkley. Many of them say that he's a good person and they're recommending to the judge that he get the lesser sentence.

Stay tuned to WCTV for the latest on Barkley's sentencing.
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[UPDATE] 6-9 12:55pm -

Sentencing for a former Gretna Police Officer found guilty of sexually assaulting a woman he pulled over in a traffic stop is postponed until July 22 at 1:30pm at the Quincy Courthouse.

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[UPDATE] 6-9 Noon -

Sentencing for a former Gretna Police Officer found guilty of sexually assaulting a woman he pulled over in a traffic stop is scheduled for later today (June 9).

Jurors handed down their guilty verdict back on April 28th.
Lavander Barkley testified that the sex act that took place after a September 2010 traffic stop was consensual.

The victim claims she never said she would have sex with him. Sentencing is scheduled for later today. Stay tuned to WCTV for the latest on this story.

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UPDATED 4-28 By Candace Sweat at 11:10pm

Lavandar Barkley, a former Gretna Police Officer, is now on the inside of the bars looking out. His family says he doesn't deserve to be there.

"I know he was wrong because he was on the job, but I don't think it was rape. I mean the jury has spoken, but we're his family and we're still going to stick behind him," said Barkley's cousin, Tanesha Hall.

After more than two hours of deliberation, a jury found Barkley guilty of a sexual offense.

"We the jury find as follows: the defendant is guilty of sexual battery by a law enforcement officer."

Barkley says he pulled the victim over for running a stop sign in September 2010. When he noticed she had a suspended license, Barkley says the victim said several times "I'll do anything to avoid getting a ticket."

Barkley says he asked the victim if she wanted to go back to the Gretna Police Department and they agreed to have sex.

The victim says she never said she would have sex with him.

WCTV contacted the prosecution in the case, but the assistant state attorney says he does not want to comment while the case is ongoing.

Barkley's sentencing hearing is scheduled for June 9th.

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Former Gretna police officer Lavander Barkley took the stand Thursday for Day Two of his rape trial. Eyes filled with tears and emotion, he proclaimed his innocence after a woman accused him of raping her the night of September 4, 2010.

Barkley says, "I didn't rape nobody. I wouldn't do that to nobody. I wouldn't do that."

Defense attorney Ian Nesbeth asked, "Did she have sex with you free and voluntarily?"

Barkley said '”Yes, sir.”

Nesbeth asked, "Did you ever tell her she had to have sex with you in order to avoid going to jail?"

Barkley said, “No, sir!”

Barkley says he pulled the victim over for running a stop sign. He later learned she was driving on a suspended license. Barkley claims the victim said several times‘I'll do anything to avoid getting a ticket.’ That's when Barkley says he asked the victim if she wanted to go back to the Gretna Police Department and talk about it. He says she agreed and minutes later they met there and had sex.

"You could have given her a citation. You could have arrested her, but you wanted to go talk with her at the Gretna Police Department where there's no one else around," asked state attorney Richard Combs.

Combs says Barkley violated police protocol when he didn't report the traffic stop and never cited the woman for running the stop sign and driving with a suspended license.

Combs says, "At that point in time, didn't you see an opening that you were gonna use your position as a law enforcement officer to get a sexual favor in return for you not doing your duty?"

The woman denies agreeing to sex with Barkley and says she thought she was going to the police department to be arrested. But Florida law says whether sex is consensual or not, an officer having sex with anyone when they're in a position of authority over them is illegal.

We had a crew in the courtroom when the verdict was announced and we'll have more on this story tonight on eyewitness news.
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UPDATE 4-28-2-11 5:10pm

Lavander Barkley found guilty of sexual battery by a law enforcement officer.

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UPDATE 4-28-2011 4:40pm

Still no verdict. Jury asked for a dictionary, but that was not allowed for some reason. The judge brought them back in to tell them they have to write their questions down. They are back in deliberation.

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[UPDATE] 4-28 2:00pm -

The state claims Barkley used his power as an officer for exchange for a sexual favor. He says Barkley committed a crime that night and he should be held accountable. He says the victim did not voluntarily consent to have sex with him, she did it only because she may have thought that was the exchange to get out of the ticket or the arrest. Combs says Barkley was wrong, and should face consequences.

The defense is presenting his closing arguments now.

The defense argue that the victim knew what she was doing that night and ran to an attorney after the events happened only to make money. He claims she was not forced to have sex with Barkley and that there's not enough evidence to prove that she was raped that night. He admitted Barkley did not do his job adequately that night, but he did nothing to force her to have sex with him.
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[UPDATE] 4-28 12:49pm -

The state is presenting his closing arguments now.

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[UPDATE] 4-28 Noon -

The jury is back from lunch and now being instructed about deliberations. The Closing arguments will be immediately following.

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[UPDATE]4-28 11:30am

Barkley testified admitting he made a mistake the night of Sept 4, 2010 when he pulled over a Gretna lady. After pulling her over for running a stop sign that night she admitted she had no driver license and he later learned her license was suspended. He says the victim said several times that she would do anything because she can't afford anymore tickets. He told her they could go back to the Gretna Police Department and talk about it if she wants.

He says they left from the scene where she was pulled over and went separate ways - ending up at the GPD minutes later. He says they eventually went in and had sex but never was it forced to get her out of a ticket. He claims he never instructed her to come to the police department or did he force her to have sex with him at anytime that night.

He says he admits he was wrong that night for not doing his duty and claims he did not rape her.

State attorney Richard combs challenges the defendant asking Barkley why he didn't follow police protocol and write the victim a ticket or arrest her for running the stop sign and after he knew she was driving on a suspended license. Combs says Barkley did not call in this incident because he knew the person in the car was a young lady, however Barkley admitted to the state attorney that he pulled over someone later that night and called that one in to dispatch.

They jury is taking a lunch break now and will resume with closing arguments after wards.

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[UPDATE] 4-28 10:30am -

Lead investigator Ulysses Jenkins says he admitted that he made a typo on the investigation report. The report originally stated "The victim says she stayed at the Gretna police department for ten minutes after she was let out by Officer Barkley."

He admitted to the jury this morning that the report should read, "The victim stated she stayed at the Gretna police department for ten minutes, after wards she was let out by Officer Barkley."

The state just rested and the defense will present it's arguments after a 10-minute break. It's still unknown whether the defendant himself will testify today. We'll keep you updated on this trial.

Barkley himself is testifying now
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[UPDATE] 4-27 6:58pm

Trial finished for the day around 5pm.

The State expected to rest Thursday.

The defendant has not decided if he will take the stand in his own defense.

The trial will resume 8:30 Thursday morning.

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[UPDATE] 4-27 5:28 pm -

Tracy Love, FDLE latent print lab technician, testified that the condom wrapper had no latent prints.

Claudette Clary, a crime lab analyst in the biology section who is recognized as an expert, testified to DNA evidence.

Clary says Barkley's DNA matches the semen found inside the condom and the victim's DNA matches the epithelial cells found outside the condom.

[UPDATE] 4-27 2:30pm -

Now, Gretna Police Chief Brian Bess, chief for the last four years, is testifying. The defendant was an officer at GPD at the time of the incident. The defendant was a reserve officer at the time, meaning he wasn't full time. The defendant received training to be a reserve officer.

No one mans the police station 24/7.

The sexual assault exam showed recent penetration of the victim's vagina.

Now, Investigator Ulyssess Jenkins with GCSO is testifying. He was the lead investigator on the case. On the night in question, he was called to the hospital in regards to a sexual assault. He say the victim was visibly disturbed.

Jenkins conducted an interview of the victim after it was reported. The victim's family was concerned about fairness of the police while they were investigating. The standard procedure is for officers to call in to dispatch all traffic stops, but there were no calls from the defendant at the time of the victim's stop.

GPD has no holding cell. Officers know that, but the public does not.

Jenkins did not notice any injuries or bruising on the victim's wrists. The victim says she was not handcuffed.

Jenkin's report say the victim stayed at the police station for about 10 minutes after she was released by the defendant. The condom was tested for DNA, but the condom wrapper was not tested for DNA.
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[UPDATE] 4-27 2pm -

Testimony has resumed in the rape case against a former Gretna police officer. (The specific charge is sexual battery by a law enforcement officer - not just regular sexual battery). The mother of the victim is explaining that her daughter called her crying and hysterical soon after the sex act happened. The mother and grandmother took the victim to the Gadsden County Hospital, but later had to take her to Tallahassee Memorial to complete a rape kit.

An investigator with the Gadsden County Sheriff's Office is on the stand. His supervising Major told him to secure the Gretna Police Department because it may be the scene of a sexual battery. The GPD is usually closed and locked up at that time of night because it is a very small department.

This investigator searched the victim's car. He found the victim's purse, and driver's license in the purse. (The victim says the officer didn't ask for her driver's license when he stopped her, and that he only asked for her work ID).

Lt. Larry Smith testified. He collected/found a condom on the street about 3 blocks away from the Gretna Police Department. Photos of the condom were entered into evidence.

The defendant was with him when he found the condom. The defendant took the lieutenant to the condom thrown out on the street and pointed it out to Lt. Smith.

An FDLE forensics specialist is testifying. She was called out to do the investigation on the crime scene at the Gretna Police Department. she was directed to an auto bay are of the department in the area of a weight bench where the incident was described to have happened. Using fluorescent light tools, she found a paper towel by the bench. It was bagged and turned over to the lab to be tested. The condom was turned over to her as evidence and she then turned it over to the lab. The condom was found on Church Street Road.

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[UPDATE] 4-27 Noon -

The victim told her mother and grandmother about the incident right after she left the Gretna police station. They took her to the hospital. She had to go to TMH because they had rape kits there.

The victims testimony is done. er mother will be the next witness after lunch.

The jury was just released for lunch at 11:30am.

Testimony will resume at 12:45pm.

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[UPDATE] 4-27 10:50 -

The sex act happened inside the Gretna Police Department, which was closed and locked up for the night. The victim says the officer had to unlock and open up the police department.

The victim is now testifying about reporting the incident to law enforcement.

The victim is now being cross-examined by Barkley's defense attorney. She is saying that the officer only asked for her work badge. She says he did not ask for her car registration. The officer never put her in handcuffs. She is saying several times that she did not tell the officer that she would do anything to keep from getting arrested or having her car impounded.

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[UPDATE] 4-27 10:25 -

A police officer accused of raping a young woman is on trial. 39-year-old Gretna Police Officer Lavander Barkley is accused of raping a young woman he pulled over on the evening of September 4, 2010.

The victim is about to take the stand in the sexual battery case.

Barkley told the victim that he stopped her because she didn't make a complete stop at a stop sign. He also told her she was pretty.

The victim in the rape case is still testifying, now describing the crime scene and describing the actual sex act.

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Updated: 10/25 at: 5:45 p.m.

Former Gretna Police officer Lavander Barkley was arrested in September, when a 20-year-old woman he pulled over, reported Barkley raped her.

He was being held at the Leon County jail until Thursday, October 21, when he was released on a $100,000 bond.

Barkley faces one charge of sexual battery by a custodian
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Late Saturday evening a 20-year-old woman was pulled over by Gretna Police officer Lavander Barkley for running a stop sign.

39-year-old Barkley discovered she was driving with a suspended license, and Gadsden County officials say he ordered her to follow him back to the Gretna police station.

"If you're stopped for driving on a suspended driver's license, why are you then asked to drive again to another location," reasoned Lt. Jim Corder with the Gadsden County Sheriff's Office. "Proper protocol should've been that she should've been cited and that her vehicle be towed."

The Gadsden County Sheriff's Office was called in as the investigative agency.

Officials say the woman did ask what she could do to avoid going to jail during the traffic stop, but that it wasn't until they reached the police station that Barkley said he'd let her go in exchange for sex.

"She never went to the police station to have sex. She went to the police station so that her car wouldn't been impounded there on the side of the road," said the victim's attorney, Benjamin Crump. "He told her she was going to jail. She thought she was going to jail. She never consented to sex."

For the Gadsden County Sheriff's Office, they've had to arrest someone on their side of the law, and they hope it won't destroy the community's trust.

"This is a black eye but this is just one person, this is not an example of the quality law enforcement officers that we have in this county at the Sheriff's Office and all the other jurisdictions," said Lt. Corder.

Barkley was arrested for sexual battery by a custodian.

The victim's lawyer stands firm that she did not consent to anything sexual.

Florida law says whether sex is consensual or not, an officer having sex with anyone when they're in a position of authority over them is illegal.

Barkley has been fired from the Gretna Police Department and the Apalachicola Correctional Institute where he has been a corrections officer for 16 years, is going through the process of firing him as well.

As of Tuesday evening, Barkley was still being held at the Leon County Jail with a $100,000 bond.

Conditions on his bond are that he'd have to wear a GPS tracking device and surrender his firearms to the Gadsden County Sheriff's Office.

The case will go to the State's Attorney's Office for criminal prosecution.

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Updated 9/7 at 11:54am by Deneige Broom --

39-year-old Gretna police officer Lavander Barkley is accused of raping a young woman he pulled over Saturday evening (9/4).
Gadsden County authorities say Barkley pulled the 20-year-old woman over for running a stop sign, but what followed was anything but standard operating procedure.

The young woman was driving on a suspended license ,which is a criminal offense, and authorities say Barkley said he would have to
take her to jail.

The woman followed him to the police station where Gadsden County officials say Barkley offered to let her go in exchange for sex.

The Gadsden County Sheriff's Office says she did ask what she could do to get out of going to jail while on the side of the road, but that the sexual advances weren't made until they reached the police station.

Florida law says whether sex was consensual or not, it's still illegal for an officer to have sex with someone if they're in a position of power over them.

Barkley is still at the jail being held on a 100 thousand dollar bond for one count of sexual battery by a custodian. The conditions of his bond if posted, would be he'd have to have a GPS tracking device and he'd ,have to surrender his weapons.

He has been fired from the Gretna Police Department. He's also been a corrections officer with the Apalachicola Correction Institute since 1994 and they say they're in the process of firing him as well.

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Updated 9/6 at 7:00pm by Candace Sweat

A police officer finds himself on the wrong side of the law and now the community is voicing their disappointment.

The Gretna Police Department has a lot of explaining to do now that one of its own is behind bars at the Leon County Jail.

39-year-old Lavander Barkley was locked up after a woman says he raped her at the Gretna Police Station. Now residents in the small town are weighing in on the scandal.

"I think these police officers were put here to protect and serve and to look after people like that, not to be doing something criminal like he's doing," said Gretna resident, Amos Jackson.

Authorities say it happened Saturday night between 9 and 10 o-clock. They say Barkley stopped the woman after she ran a stop sign and discovered that her license was suspended.

Authorities say Barkley said he wouldn't take her to jail in exchange for sex.

According to Chief Bess, Barkley says the woman repeatedly offered to anything to avoid going to jail. Authorities say that's when Barkley told her to follow him back to the police station where they would work something out.

WCTV was contacted by the victim's attorney who says there are discrepancies in the way this all went down. Her attorney says she followed Barkley to the police station to avoid having her car towed, and that it wasn't until after they got back to the station that he propositioned her for sex.

The victim says that's where he raped her.

The woman was taken to Tallahassee Memorial Hospital and Barkley was fired Sunday morning.

Barkley is being held on a one-hundred thousand dollar bond and charged with one count of sexual battery by a custodian.

In the meantime the Gretna police chief says he knows this spot on their reputation that can't be removed, but he hopes it can at least be reconciled.

"This is a bad situation that we're going to try to move past and hopefully the community will still behind us like they have been for the past several years," said Chief Bess.

Gretna's police chief says his former officer claimed the woman repeatedly said she would do anything to get out going to jail, but the victim's attorney stands firm that the woman never consented to anything sexual.
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Authorities now have 39-year-old Lavander Barkley in custody after a woman says he raped her at the Gretna Police Station.

Authorities say it happened last night between nine and ten o-clock in Gretna, Florida. Authorities say Barkley stopped the woman after she ran a stop sign. When he ran her name he realized her license was suspended.

The woman says that Barkley offered to let her go in exchange for sex. The woman followed him back to the police station where she says he raped her.

The woman was taken to Tallahassee Memorial Hospital and Barkley was fired and taken to jail.

Barkley is being held on a one-hundred thousand dollar bond and charged with one count of sexual battery by a custodian.