Saturday, January 5, 2008

District Attorney Mashburn No Protector of Children - Refuses to file rape charges against online predator

1/5/07 -- Cleveland Co, OK - As reported by KFOR News Channel 4 last night, Cleveland County District Attorney Greg Mashburn is refusing to pursue felony rape and sodomy charges, as requested by police investigators, in online predator case.

According to published reports, a man met a 13-year old girl on the popular social networking site

The man, Brett Yocham, 18, then secretly met the young victim in person at least twice. Each time, reportedly, supplying her with alcohol and then having sex with her.

Police investigated the alleged sex crime and reported that Yocham admitted to having sex with the minor.

After their investigation, police requested felony charges of first degree rape and sodomy be filed against Yocham.

D.A. Mashburn decided to ignore investigators requests and instead filed a single misdemeanor charge of contributing to the delinquency of a minor.

In response to "why?", D.A. Mashburn blamed the victim and her family - stating, "we take into consideration what the victim wants to do [and] we talk to the victims family about it..." reminds readers that while prosecutors often consult with victims and their family about the severity of punishment to pursue against an offender (jail vs. no jail, 5-years vs. 20-years and life vs. death) it is not customary to not pursue the appropriate charge as requested by investigators.

Often times the victims of domestic physical and/or sexual abuse later recant and decide they do not want their scumbag husbands or boyfriends charged with crimes. Prosecutors across this county pursue those warranted criminal charges anyway, in "the best interest of justice."

In an age of "To Catch a Predator" and deviant men who use teenage girls as their playthings, D.A. Mashburn is proving to be a saint to predators and a contributor to the abuse of our children.


Anonymous said...

Honestly,I believe it should be up to the parents and the victim. Maybe just maybe the girl knew the young man and she may have had a crush on him. Now I know your gonna say: that doesn't make it right for him to have sex with her well it does if she wants too. I don't think 13 and 18 is that much difference do you. And you would be surprised at how many girls that young are having sex every weekend. Sure OKla County would jump on it and see how much money they could bring into the department. It's all about money really Brian it is. You know that.

Brian Bates said...

I disagree. Imagine the consequences to others if we allowed victims and their family to decide what charges a perpetrator should be charged with? That should be left up to investigators and prosecutors. Family/victims should though have input on severity of punishment. Too many times victims of abuse (sexual/physical) recant or otherwise do not participate in a prosecution. That only allows the perp to victimze someone else in the future. The community deserves to be put on notice. Give him a suspended sentence, but charge him according to the law.

Anonymous said...

Really.... let's get some more facts. Is it possible that the girl misled the young man and lied about her age? Not to blame the parents, but how was their 13 year old daughter able to meet this 18 year old man in secret? Is it possilbe that the DA took into consideration these and additional facts that aren't reported in the news story?

Anonymous said...

Greg Mashburn is an egotistical, biased prosecutor. He is more concerned with his image, getting re-elected and his conviction rate than he is with ensuring justice. He and Bill Peterson, DA of Ada are no different. Justice means nothing to either of them if it doesn't benefit them.

Brian Bates said...

All the sideline this and that should make no difference. Mashburn's title is "Prosecutor" not "Seeker of Justice." If the actions of the man met the elements of the crime as presented and requested by police, then the warranted charges should have been filed. You can "what if?" a situation to death. That is why he should rely on the actions alone.

Brian Bates said...
This comment has been removed by the author.
rad1025 said...

I really think what you are doing is important, but, it is cases like these that make the vast majority of citizens walk away from your efforts.
I am sorry, but I hear an 18 year old man had relations with a 13 year old girl, and I am not anywhere near as outraged as if the man were say 30 or more.
If the DA looks at this case, and decides not to ruin a young mans life, I have to think he knows best.
And therein lies the problem with rigid fanaticism. You just can't see the difference between an 18 year old man have sex with a 13 year old and a 30 year old man having sex with a 13 year old. To you they are both wrong. Well, maybe so, but you do yourself and your cause a disservice by making a huge case out of this type of thing.obc

Le vent fripon said...

I am very glad that the young man was not charged with rape. Under the law, the girl is a minor; and therefore, not able to give consent. On the other hand, biologically she is a human being at an age at which her body is telling her to have sex. Age limitations are arbitrary. I'm sorry, but Romeo should not have his life ruined for having sex with someone who said yes!