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Man receives four years probation in rape case
by R.J. Cooper
Saturday, October 10, 2009

John Everett received four years of probation in Buchanan County circuit court on Friday for raping a woman last February.

Judge Dan Kellogg found the 20-year-old St. Joseph man guilty of sexual assault last month during a trial that left the victim sobbing on the stand while listening to her 911 call.

Assistant prosecutor Pam Blevins asked the judge to sentence the defendant to seven years in prison, telling Mr. Kellogg that Mr. Everett minimized his role in the rape and his anger, alcohol and drug problems as well.

“He has not been honest about anything,” Ms. Blevins said. “He is not ready to change.”

But in juxtaposition, the victim and her mother, who both knew Mr. Everett prior to the crime, asked Mr. Kellogg for probation in lieu of prison time. They argued that Mr. Everett can’t change his life behind bars.

“I believe sending him to prison will educate him in the wrong way,” the victim’s mother said. “Please give John a second chance.”

Mr. Everett did not say he was sorry or even admit to the rape during his statements to the judge, though his attorney, Stephen Williams, did apologize for the defendant. But Mr. Everett did admit to struggling with anger problems and promised to seek treatment and counseling.

Mr. Kellogg said the 240 days Mr. Everett already spent in jail should’ve given him enough time to figure his life out. In light of the victim’s testimony, he gave Mr. Everett a six-year sentence and suspended its imposition for probation.

“This is certainly a mixed bag, everything that has been presented this morning,” the judge said.

Conditions of the probation prevent Mr. Everett from having any uninitiated contact with the victim or children. He also must undergo mental health and substance abuse evaluation and adhere to a curfew.

R.J. Cooper can be reached

at rjcooper@npgco.com.