(Broward Sheriff's Office…)
Patricia Montes, 15, of Hollywood; Erica Avery, 16, of Coconut Creek; and Dwight Henry, 17, of North Miami Beach, have each been charged with two counts of sexual battery with use of force likely to cause serious personal injury and two counts of kidnapping.
The three are scheduled for first appearance court on Saturday morning.
The charges carry a maximum sentence of life in prison for adults, but because the defendants are minors and Florida has abolished parole, a life sentence would be unconstitutional. The three, who have been in juvenile detention since their Nov. 3 arrests, will also be entitled to have a reasonable bail set in their cases.
Two other teens, Jayvon Woolfork, 19, and Lenel Singleton, 18, face identical charges, but because they were adults at the time of the alleged rape, they face life in prison and are being held in the Broward Main Jail without bond.
The five are accused of a violent attack on a 16-year-old friend.
The alleged victim told police that on Nov. 1, a Friday night, she was invited to Woolfork's home in the 1600 block of McKinley Street in Hollywood, where she and her friends listened to music and watched television. Without warning, one of the other teens ordered her to have sex with Woolfork, according to court records.
"You have to have sex with Jay or we are going to beat you," she was allegedly told.
When she refused, she told police, the other teens began to beat her — punching her, dragging her by the hair along the floor and kicking her repeatedly.
She said they forced her to the backyard and pushed her down a small flight of stairs, smashing her head against the concrete floor.
"If you leave, I am going to f--- you up," one of the attackers allegedly told her.
The 16-year-old said she was then taken back into the house, where the attackers stripped her and held her down while Woolfork had sex with her, using a condom.
She said she was finally allowed to leave, without her sandals, after the attack. She arrived at her grandmother's house and reported the attack.
Hollywood police spoke to the victim the next morning. According to Officer Juan Rios, she was in and out of consciousness, her eyes were swollen and she was bleeding from her left ear. She was taken to Joe DiMaggio Children's Hospital for treatment.
Police later spoke to Montes and Avery, neither of whom knew Woolfork's address. Both were able to direct police to the house, according to a search warrant application.
Under
Florida law, when people act together to commit a crime, each is held
accountable for what happens — Singleton, Montes, Avery and Henry are
all charged with sexual battery, even though none is accused of having
sex with the victim.
Using the information provided by the victim, police searched Woolfork's residence and removed bedsheets, a mattress, boxer shorts, two white T-shirts that appeared to be stained with blood, an open condom wrapper and other items.
Police also seized cellphones belonging to Montes and Avery. The phones contained video footage of the attack, according to detectives.
Montes' lawyer, Hilliard Moldof, could not be reached for comment Friday afternoon, despite a message left at his office. It was not clear Friday who is representing Avery or Henry.
Court dates have not been scheduled yet for Woolfork or Singleton.
raolmeda@tribune.com, 954-356-4457 or Twitter @SSCourts
Using the information provided by the victim, police searched Woolfork's residence and removed bedsheets, a mattress, boxer shorts, two white T-shirts that appeared to be stained with blood, an open condom wrapper and other items.
Police also seized cellphones belonging to Montes and Avery. The phones contained video footage of the attack, according to detectives.
Montes' lawyer, Hilliard Moldof, could not be reached for comment Friday afternoon, despite a message left at his office. It was not clear Friday who is representing Avery or Henry.
Court dates have not been scheduled yet for Woolfork or Singleton.
raolmeda@tribune.com, 954-356-4457 or Twitter @SSCourts
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