The Martin Firm - selected case information

LOCAL

Friday, February 20, 2004

Defendant innocent of rape, guilty of theft

By Meg Pirnie Staff Writer

A convicted felon accused last year of raping a 21-year-old Columbus woman in her home and stealing money from her purse was acquitted by a Muscogee Superior Court jury Feb. 13. The jurors convicted James Yi Dills of Luckie Street of stealing a car, a crime to which he confessed while testifying about his sexual encounter with the woman.

Dills, who has been in the Muscogee County Jail since April, has maintained that he and his accuser had consensual sex.

Judge John Allen sentenced Dills on Thursday to 15 years in prison followed by five on probation for the car theft.

During the two-day trial, jurors heard testimony from Dills' accuser, her friend and several law enforcement officers before hearing Dills' own story.

The woman testified that Dills held a .45-caliber handgun to her stomach and head, bound her wrists together and forced himself upon her March 28.

The woman's friend, who is in jail on unrelated charges, testified that he introduced her and her

husband to Dills after they asked about buying a car. The friend said the woman was going to deliver drugs for Dills as part of a deal to buy a car.

Contradictory testimony surfaced about the alleged drug deal and whether Dills called the woman to discuss cars before the alleged assault.

Defense attorney John T. Martin argued that varied stories about the alleged assault introduced sufficient doubt to clear Dills of any related crimes.

During sentencing Thursday, Assistant District Attorney Melissa Himes asked Allen to sentence Dills to 20 years in prison because Dills has four prior felony convictions and numerous drunken driving convictions. Himes said Dills was planning drug deals while in prison on a probation violation and stole the car 18 days after his release.

Martin said his client offered to plead guilty to the theft charge shortly after his arrest and never intended to go to trial on the charge.

Martin then argued for leniency, saying sentencing for more serious felonies allows for parole consideration after only seven years. He asked Allen to sentence Dills to seven or fewer years in prison because theft is not a violent crime.