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Former Godby Student Sent to Prison For Sex Assault in Dugout

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UPDATED by Julie Montanaro
June 19, 2013, 9:35 a.m.

One of the young men accused of sexually assaulting a classmate in the dug out at Godby High School is now headed to prison for it.

Theodus Holloway was sentenced to eight years in prison, followed by seven years on probation and will be a designated sexual predator.

Defense attorneys argued Holloway was just 15 at the time of the crime. A DJJ probation officer told the judge during Holloway's childhood his mother was in jail, his father died of cancer and he moved from house to house with relatives. She said since his arrest he has completed his GED in jail.

Yet the prosecutor pushed for an adult sentence with prison time given the severity of the crimes Holloway was convicted of: sexual battery by multiple perpetrators, false imprisonment and lewd and lascivious conduct. The victim, he pointed out, was 14 years old.

The judge acknowledged Holloway had a "tough upbringing" and said he was "shortchanged." But Judge Hankinson said a DJJ report also indicated Holloway had a moderate risk to re-offend and the judge said that his priorities must be punishment and protection of the public. He sentenced Holloway as an adult.

A second suspect in the dugout assault, Khalid Muhammad, is set to stand trial July 22nd. There was a hung jury in his first trial.


UPDATED by Julie Montanaro
June 19, 2013, 8:48 a.m.

A probation officer with the Department of Juvenile Justice requested Holloway be sentenced as a juvenile. She testified Holloway would be held for 12 to 18 months and undergo sex offender counseling. She said he would then be supervised for another four to six months.

The prosecutor asked for an adult sentence of 149 months in prison and a lifetime designation as a sexual predator.

The defense asked that the judge consider juvenile sanctions and not that Holloway be sentenced as a youthful offender.


UPDATED by Julie Montanaro
May 21, 2013

A judge has set a sentencing date of June 19 for Theodus Holloway.

Holloway was found guilty of sexually assaulting a 14 year old classmate in the dugout at Godby High School last year.

The judge also set a sentencing date for Khalid Muhammad for June 20th. He was found guilty of lewd and lascivious battery in the same case.

Prosecutors intend to retry Muhammad for sexual battery and kidnapping. The jury was hung on those charges.

That trial is now set for July 22nd.


Tallahassee, FL - A jury found Theodus Holloway guilty of sexual battery by multiple perpetrators, false imprisonment and lewd and lascivious battery.

Khalid Muhammed was found guilty of lewd and lascivious battery but the jury was hung on the other two counts.


UPDATED by Julie Montanaro
May 15, 2013

Two Tallahassee teens accused of a school yard rape are now awaiting a verdict.

Khalid Muhammed and Theodus Holloway are accused of raping a 14 year old classmate at Godby High School last year.

The victim claims they held her down in the baseball dugout during lunch break and took turns raping her.

Both Muhammad and Holloway took the stand today and denied raping her. They contend it was consensual sex.

Khalid Muhammad says the two were friends and "flirty."

"Did she give you any indication that she did not want you to have sex with her?" the defense attorney asked.

"No, ma'am," Khalid Muhammad said.

"Did she say stop?"

"No, ma'am," he said.

"Did she say no?"

"No," Muhammad said.

Theodus Holloway also testified that the victim went willingly to the baseball field with them.

"When you began having sex with her, was anyone holding her down at any point in time?" the defense attorney asked

"No sir," Holloway said.

"Did you take her arms and pin her down?"

"No sir."

"Did Mr. Muhammad?"

"No sir," Holloway answered.

Prosecutors contend the young men's account of the incident was different on the stand than it was during their interrogation at the sheriff's office.

They pointed to one exchange on tape in which Muhammad acknowledges hearing the victim say "Stop. You'll make me angry."

There are two juries in this case. One weighing the evidence against Muhammad and one weighing the evidence against Holloway.

They started deliberating around 3:45 this afternoon. We'll keep you posted on the verdicts.


UPDATED by Julie Montanaro
May 15, 2013 3:45pm

The jury is now deliberating.


Tallahassee, FL -

Both Khalid Muhammad and Theodus Holloway testfied in their own defense.

The defense rested its case.

WCTV will bring you the latest from court tonight on Eyewitness News.


UPDATED by Julie Montanaro
May 14, 2013

Two teens are now on trial in Tallahassee. They're accused of raping a fellow student in the baseball dugout at Godby High School.

The young woman took the stand today and defense attorneys promise at least one of the accused will take the stand tomorrow.

Khalid Mohammad and Theodus Holloway are accused of pulling a freshman into the baseball dugout during lunch February 1, 2012.

Prosecutors contend they took turns holding her down and raping her.

"She turns to them and says 'thanks for raping me' and walks back to class," prosecutor Jack Campbell told the jury.

The victim who was 14 at the time testified that Muhammad and Holloway pulled her across the baseball field into the dugout before forcing her to the ground.

"That's when they grabbed me and my leg, Khalid, put his leg behind mine and I was on the floor," the victim said. "And at the end, I just stopped fighting."

"Do you know why you gave up?" the prosecutor asked.

"Because I knew it was going to happen either way," she said.

Defense attorneys question why the victim wasn't dirty and disheveled afterward being on the ground in the dugout and why she didn't yell for help.

"There was a maintenance man in the opposing dugout. He's not going to be here to tell you somebody yelled 'Hey Sir, Mister," defense attorney Carrie McMullen said shaking her head.

McMullen pointed out there was a teacher on the nearby track and the school resource officer actually rode by in his golf cart not far away.

The school resource officer testified he found a condom right where the victim said it would be and called for back up.

Prosecutors later played taped statements Muhammad and Holloway made to deputies that day.

"She's enjoying it, I guess," Muhammed said.

"Okay. She tell you to stop?" the investigator asked.

"No," Muhammad said.

"Didn't tell you to stop?" the investigator asked.

"No," he said.

There are actually two juries hearing the case. One will weigh the evidence against Muhammad and the other will weigh the evidence against Holloway.

Muhammad is expected to testify in court tomorrow.


By: Julie Montanaro
May 14, 2013

Tallahassee, FL - Two former students at Godby High are on trial, accused of sexually assaulting a classmate in the baseball dugout during lunch break back in February 2012.

Khalid Muhammad and Theodus Holloway are accused of taking turns holding the 14 year old girl down and having sex with her.

Prosecutors say the girl was talking to Muhammad and Holloway but told them to stop when they started to get physical. They say she twice tried to leave the batting cage and the dugout, but they threw her to the ground and pulled her pants off.

Prosecutor Jack Campbell says afterward she said to them, "Thanks for raping me."

Prosecutors say the girl reported it at the office later that day and subsequent DNA testing linked the teens to the crime.

Yet defense attorneys say there is no evidence to prove the sex was coerced.

Defense attorney Chuck Collins, who represents Theodus Holloway, says the victim agreed to go to the baseball field with the teens. "There was no struggle," he said.

Defense attorney Carrie McMullen, who represents Khalid Muhammad, says there are no drag marks on the field or in the dugout. She says there were no scratches or signs of trauma on the victim's body and no one ever took a photo of her that day.

McMullen says the victim was in eye shot and ear shot of a teacher, a school resource officer, and a maintenance man but never screamed or called out for help.

McMullen says Muhammad - who was also 14 - was interviewed without a lawyer and deputies never called his parents.

"These two had sex. These two are 14," she said. He will testify, she said.

The victim is the first witness on the stand.


UPDATE February 15, 2012

LCS STATEMENT ON FORMER STUDENTS CHARGED AS ADULTS

"Today, Leon County Schools was informed that two students arrested for a sexual battery at Godby High School are being charged as adults. In addition to the criminal charges, these students have been suspended indefinitely and are being expelled.

School safety is our number one priority and we have no tolerance for this senseless act of violence. School officials are assisting the victim and family in any way we can, ever respectful of privacy and professional guidance for recovery.

The Leon County Sheriff’s Office and our School Resource Deputy program have worked diligently in the investigation of this case. This matter is still open and will be monitored through case disposition with a full review."


UPDATE February 6,2012

Two Godby High School students may soon be expelled from the Leon County School system ... according to a district spokesman.

14-year-old Khalid Muhammad and 15-year-old Theodus Holloway were arrested last Wednesday (2/1/12). Leon County deputies say the teens sexually assaulted a 14-year-old on campus during their lunch

A Leon County school spokesman says," The students have been suspended. We're working on having them expelled. Our number one priority is safety. We plan to prosecute to the fullest extent anyone who breaks the law on our campus."

Administrators say the school board will vote on those expulsions during its February 14th meeting.


UPDATE February 3, 2012 6:00 p.m.

Two Godby High School students are charged with sexually assaulting a 14-year-old during lunch break.

14-year-old Khalid Muhammad and 15-year-old Theodus Holloway were arrested on Wednesday. Deputies say the incident occurred on campus earlier that same day.

"We received a report from the 14-year-old victim who stated that she had been involved in a forced sexual encounter.," says Lt. James McQuaig of the Leon County Sheriff's Office.

The principal says the boys have been suspended and expulsion is possible. Muhammad and Holloway were taken to the Juvenile Assessment Center, so their pictures are not yet public.


February 3, 2012 by Julie Montanaro

The Leon County Sheriff's Office confirms it has arrested two people in connection with a sexual assault at Godby High School.

The principal, Gillian Stewart Gregory, sent an e-mail to parents this afternoon.

"Late this week the Leon County Sheriff's Office arrested students in connection with an investigation of a sexual battery that occurred at Godby High School. These students have been suspended indefinitely and I am recommending their immediate expulsion from Leon County Schools," she said.

We are trying to get more information on the date and nature of the assault.


Incident Letter Sent From Godby High School on Behalf of Gillian Gregory

Parents and Godby Community:

Student safety is the highest priority here at Godby. We take every precaution to prevent crime on campus and enforce the prosecution of those who victimize others. As such, I felt it was important to communicate to you regarding an isolated incident.

Late this week the Leon County Sheriff’s Office arrested students in connection with an investigation of a sexual battery that occurred at Godby High School. These students have been suspended indefinitely and I am recommending their immediate expulsion from Leon County Schools. The Leon County Sheriff’s office has not released information due to the age of the individuals involved.

Despite this incident, I am extremely proud of our school. We have teachers and students who are committed to teaching and learning. More importantly, our community cares. Please do not hesitate to contact me should you have any questions. I can be reached at gregoryg@leonschools.net or via phone at (850)617-4700.

Sincerely,

Gillian Stewart Gregory

Principal

Amos P. Godby High School


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