Sexual predator gets jail sentence, parole
After pleading guilty and serving more than a year in Butler County Prison, a Gibsonia man was categorized as a sexually violent predator, sentenced to county jail and immediately paroled on time served in Butler County Court on Tuesday.
John F. Davis, 52, was sentenced to 11½ to 23 months in the county facility, and was paroled by Judge William Shaffer, after he served more than his minimum sentence. He was incarcerated between Feb. 1, 2017, and Feb. 9, 2018.
His parole will be followed by 10 years of county probation. Davis will be required to register as a sexual offender for the rest of his life. He was also ordered to pay nearly $5,000 in restitution.
Davis previously pleaded guilty to felony indecent assault of a person less than 13 years old, unlawful contact with a minor and three counts of endangering the welfare of children on March 6, 2017.
He was initially charged by Cranberry Township police with one count of indecent assault against a person less than 13 years of age, two counts of unlawful contact with a minor, three counts of corruption of minors and three counts of endangering the welfare of children, all felonies, as well as two counts of misdemeanor indecent exposure after an incident on April 22, 2016.
Police said Davis assaulted three different children, between the ages of 2 and 6, on several occasions between September 2014 and April 22, 2016, according to the criminal complaint. The assaults happened at Davis' then-home on Water View Drive, Cranberry Township, while his wife provided day care services for numerous children, police said. Davis was often present and “routinely acted as caregiver and supervised these children,” the complaint said.
He had unlawful contact with two of the children six times and the other child four times, police said. In an interview with police, he admitted to several instances when he was alone with a child and exposed himself or engaged in inappropriate touching, police said.
Julia Lindemuth, a member of the state Sexual Offenders Assessment Board, testified that she completed the report for Davis on May 24, 2017, and determined that he met the criteria for a nonexclusive pedophilic disorder, with sexual interest in prepubescent children, ages 13 and younger, as well as adults.
She said Davis did not participate in the assessment, but she analyzed several factors including police reports, court reports, the affidavit of probable cause, preliminary hearing transcripts and the pre-sentence investigation. Lindemuth also said she reviewed the abuse history, which in this case involved several children over several years, and determined that Davis met the criteria for a sexually violent predator.
A sexually violent predator is a sex offender who has “a mental abnormality or personality disorder that makes the person likely to engage in predatory sexually violent offenses,” according to the state Sexual Offenders Assessment Board's website.
“I believe that was shown in this instance as Mr. Davis offended children as part of his wife's day care,” she said.
Davis' attorney, Matthew Ness of Worgul, Sarna and Ness, protested several times throughout the proceeding, maintaining that the proceeding was unconstitutional due to current litigation in the state Superior Court regarding the legality of the sexually violent predator designation.
Shaffer ordered that Davis be classified as a sexually violent predator and submit a DNA sample, fingerprints, palm prints and a photograph.
The mother of a 4-year-old victim spoke during the proceeding, saying that the child is “forever changed” by Davis' actions.
“My daughter's innocence was stolen from her,” the mother said. “The emotional and mental effect will continue for the rest of her life.”
She said when Davis moved from Cranberry Township to Gibsonia, their homes were just a few miles from each other, which forced her family to move from their home of 10 years because of the “likelihood of interaction.”
She asked Shaffer to impose the maximum sentence allowed by law, saying that the plea agreement allows Davis to be out of jail while “we question where is the justice for my young daughter.”
Several family members spoke in John Davis' defense, including his mother, Deloris Davis; his wife, Edna Davis; and his daughter, Sarah Davis, all saying that John Davis has been a great father and husband.
Edna Davis said her husband has taken the opportunity to better himself through counseling and therapy, while he “faced his mistake.”
“We as a family have pulled together for John because we believe he is worth it,” she said.
She said she will no longer be supervising children and will “never leave him in the presence of a child alone again.”
“I am deeply sorry for the hurt that John has caused,” she said.
Davis also made a statement, saying he is “truly sorry for my actions,” and “I'm sorry is not enough and will not change what I have done.”
“I never realized how many people would be hurt from my selfish act,” he said. “I will never allow myself to be in a situation like this again and will work every day for the rest of my life to become a better person in society.”
First Assistant District Attorney Patricia McLean declined to comment following the proceeding.
Ness could not be reached after the proceeding and a representative at his office said the firm does not comment on cases.
