Steven Rivera-Torres was found guilty Nov. 8 of trafficking in heroin, four grams or more, and possession of drug paraphernalia. He is facing up to 30 years in prison and will be sentenced Jan. 4.
We are thankful for the hard work and dedication of Assistant State Attorney Eric Ebbole in securing this conviction.
In an attempt to avoid being arrested, Johnny Simon wriggled his arms free of a deputy’s grasp and punched him in the face twice.
Johnny Simon
Simon was found guilty on Nov. 7 of Battery on a Law Enforcement Officer and Resisting an Officer with Violence. Simon is a prison release reoffender and is facing 10 years in prison.
He will be sentenced on Dec. 7.
Deputies received a call from a victim, claiming Simon held a knife to her neck before fleeing their house on a bicycle. When Polk County Sheriff’s Office Deputy Sanchez made an attempt to stop Simon, he reached for something in his back pocket.
Simon disregarded Sanchez’s commands to remove his hand from his pocket, and when Sanchez approached him, Simon shoved him. Sanchez attempted to arrest Simon, but he fought back and punched the deputy in the face.
A witness attempted to help Sanchez get Simon under control, but they were unsuccessful. Simon continually ignored the deputy’s commands to stop resisting, so Sanchez tased him.
After being tased, Simon remained violent. He was finally taken into custody after a second deputy arrived on scene to help.
Sanchez located a knife in Simon’s back right pocket.
We are thankful for the hard work and dedication of Assistant State Attorney Nicole Donnell in securing this conviction.
When Bentley Hawkins found out that the person he planned to have sex with was only 14, it didn’t deter him from attempting to meet with the child.
Bentley Hawkins, 54, of Davenport.
But upon arriving at the child’s address, Hawkins was arrested by law enforcement in an undercover sting to identify those who wish to exploit children.
A jury found Hawkins guilty Nov. 15 of attempted lewd battery on a child, traveling to meet a minor, and unlawful use of a two-way communication device. He is facing 25 years in prison and will be sentenced Jan. 11.
Assistant State Attorney Ralph Guerra told jurors that an undercover detective created an online dating account, pretending to be a 14-year-old child.
Hawkins messaged the detective and began talking about getting together to have sex.
The detective replied, telling Hawkins the child was younger than the posted profile age of 18, was in school, and could not drive until next year.
“Ok,” Hawkins typed, “where are you located?”
He continued to talk to the child about sex, and the two exchanged phone numbers.
The detective then told Hawkins that the child was only 14.
Hawkins replied, “Ok, want to meet?”
When he was arrested by law enforcement, Hawkins was compliant and told deputies he knew why he was being detained.
In trial, Hawkins testified that he remembered seeing the messages about the child being younger than 18 and still in school. He also recalled the messages about the child not being able to drive.
But when asked whether he saw the text message where the child said he was 14, Hawkins claimed he never did.
Yet, cell records show that Hawkins replied to the child asking where they could meet.
Assistant State Attorney Ralph Guerra holds up a photo of the child detectives used on the online dating site. Hawkins was found guilty as charged.
“You would have to take your phone out and physically type out every single letter of that phrase in response,” Guerra said. “The kid sent text saying he was 14 and asking if that was OK, and you replied saying ‘Ok, want to meet?’”
In closing arguments, Guerra told the jury it was unreasonable to believe Hawkins was aware of every single text message he received but then missed the one saying the kid was 14-years-old.
“He took his cell phone and typed those words in response to learning he was dealing with a 14-year-old. And he showed up to have sex with a 14-year-old boy,” Guerra said. “Take the defendant by his words in that text message. I ask you to find the defendant guilty as charged.”
Shawn Tucci testified that he didn’t think it was important to call his girlfriend and tell her that her child was bleeding from his head.
Shawn Tucci
He claimed he fell with the baby, whose significant injuries included a bite mark, while Tucci walked away with no injuries.
After about four hours of deliberation, a jury found 30-year-old Tucci guilty Thursday of aggravated child abuse with great bodily harm. Tucci was sentenced to 10 years in prison, followed by five years of probation.
Assistant State Attorney Ashley McCarthy told jurors that Ginger Faulk, the baby’s mother, left him in Tucci’s care on Sept. 16, 2016. Nearly six hours later, she received a call from Tucci, who said he tripped while holding the baby.
Tucci told Faulk he didn’t immediately call because he was cleaning up the baby’s wounds. He told her the injuries were minor – that the child had a rug burn on his face and a knot on his head.
But Faulk had a gut feeling that something was wrong, so she left work early to check on her baby. When she got home, Faulk found a significant amount of blood on the baby’s bouncy seat.
She immediately took the child to the hospital.
Doctors treated the baby for a severe laceration to the back of his head, pattern injuries to the side of his head, a burn on the front of his head, bruising on his back and feet, and a human bite mark on his arm.
ER doctors concluded that the injuries were not consistent with a fall and that they were inflicted upon the child.
When law enforcement arrived at Tucci’s home, all of the living room furniture had been smashed and thrown into the kitchen. Tucci was nowhere to be found.
In trial Thursday, Tucci testified that he was “in a rage” after Faulk took the baby to the hospital.
He also told the jury that he did not call the next day to see how the child was. Instead, Tucci went to the beach and got drunk.
McCarthy reminded jurors that Tucci claimed he didn’t immediately call Faulk because he was busy cleaning up the baby’s injuries.
Assistant State Attorney Ashley McCarthy addresses jurors during closing arguments Thursday. Tucci was found guilty of aggravated child abuse with great bodily harm and was sentenced to 10 years in prison.
“Or maybe he was cleaning up the crime,” McCarthy said. “These are not accidental injuries. They are inflicted. They are an intentional act that hurt a child.”
The defense claimed the doctors were not given the child’s full medical history, specifically regarding Tucci’s testimony that he fell while holding the baby.
Had the doctors known the full story, the defense said, their findings would have been different.
“Their findings were blunt force trauma. That’s inflicted,” McCarthy said.
In closing arguments, McCarthy told jurors Tucci was minimizing the injuries but narrowing the timeframe by testifying the baby was hurt while in his care.
It would be a monumental coincidence that the same hands Tucci claimed were caring for the baby did not also leave multiple unexplained injuries, like the bite mark. She said it would be a coincidence that Faulk overreacted and that all of the doctors got it wrong.
“And the defendant reacts by destroying the house and fleeing?” McCarthy asked jurors. “It’s imaginary. It’s forced. It’s unreasonable. That’s because he did it. It’s because it happened, and he is guilty.”