XENIA — A jury came back an hour after resuming deliberation Sept. 27 with three guilty verdicts for a Fairborn man accused of raping a 12-year-old girl over Christmas break.
Dakota Lacey, 24, who knew the girl, was tried on rape, gross sexual imposition and importuning.
A Greene County jury of 12 deliberated for four hours Sept. 26, before returning the next morning to continue.
Both the defendant and the now-13-year-old victim took the stand during the trial, each recounting their sides of the story.
While the state pointed largely to the victim’s testimony as the “common sense” element that the crime occurred, the defense argued that there simply was not physical evidence.
“There’s no DNA found or presented to you. Her claim is without the slightest bit of proof,” defense attorney Patrick Mulligan said during closing arguments.
But the state had another piece of evidence that might’ve convinced the jury — a control call.
Recorded by the Fairborn Police Department, the victim’s voice can be heard telling Lacey she’s going to talk to her school counselor about what happened between them.
His immediate response is, “No, don’t, I’ll go to jail, [victim].”
After the verdicts were read to the court, Mulligan said he was very disappointed with the jury’s ultimate decision and that the verdicts justified an appeal.
“The verdict certainly doesn’t match the medical evidence,” he said outside the courtroom.
Assistant prosecutor Cheri Stout was pleased with the outcome.
“It was a tough case. I’m very grateful to the jury for the time and thought that they put into reaching a verdict,” she said.
Stout said Lacey is facing 10 to life in prison for the rape charge, a first-degree-felony, which also means he will be classified as a Tier III sex offender. The two third-degree felonies, gross sexual imposition and importuning, each carry a potential of up to five years prison time.
The defense questioned the importuning charge during the trial. Judge Stephen Wolaver defined the soliciting element of importuning as “to seek, to ask, to influence, to invite, to tempt, to lead on, or to bring pressure to bear.”
Wolaver will schedule a sentencing date for Lacey. He has been held in the Greene County Jail on a $100,000 bond since February.