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'Dad' pleads guilty to pulling 8-year-old's teeth
6/17/2014 |
By Jim Poole |
The man accused of pulling three of a young girl's teeth pleaded guilty in Schoharie County Court on Friday.
Steven Walker, 34, of Gallupville, pleaded guilty to second-degree assault, a Class D felony, and could be sentenced to up to four years in prison.
And although Walker pleaded to a lesser charge and will get prison time--a common practice--the case remains something of a mystery.
"In my 25 years of handling criminal cases, this is the most perplexing," said Schoharie County District Attorney Jim Sacket.
"It's difficult to say what really happened. The factual discrepancies can't be explained."
The eight-year-old girl complained of mouth pain in school in November. Her regular dentist examined her and found that three of her teeth had been forcibly removed.
The dentist reported the case to the Schoharie County Child Protective Services, who contacted the State Police.
The investigation led to the arrest of Walker, who cared for the girl, though he was not her foster father. Troopers charged Walker November 21 with two counts of felony assault and two counts of endangering the welfare of a child.
Walker eventually entered an Alford plea, which means he did not admit to the crime but accepted the second-degree assault charge.
An Alford plea is an option when "the weight of the evidence is so heavy, he's unlikely to win in court," said Christian Spies, chief clerk of the County Court.
Had Walker been convicted of the more serious charges, he could have faced up to 14 years in prison, Mr. Sacket said.
But the case against Walker was difficult to build.
In four hours of taped interviews, Walker "was all over the place. He did it, he didn't do it, different stories about how he did it," Mr. Sacket said.
It's possible that a jury would find reasonable doubt of Walker's guilt listening to the tapes.
"And without the tapes, the evidence is circumstantial," Mr. Sacket said.
The girl, who is developmentally disabled, would be unable to testify, Mr. Sacket said.
And finally, although nearly 10 other people lived in the Gallupville home, nobody heard or saw anything.
There are no witnesses, nobody to back up the confessions on the tape, and no one to confirm or deny what happened.
"It's almost like a murder case, when the victim can't speak," Mr. Sacket said.
Ryan McAllister, Walker's attorney, said his client "voluntarily entered a guilty plea" without admitting his guilt.
"He maintains he has no knowledge of what happened to the victim," Mr. McAllister said.
Mr. Sacket said Walker likely faces about three and a half years in prison, plus three years' post-release supervision, which is similar to parole.
"In my opinion, it was important to get a conviction even though it's less time than I wanted him to get," Mr. Sacket said.
Sentencing is scheduled for January 7. Walker was released on $5,000 bail.
• • •
Meanwhile, the girl, who just turned nine, is doing very well, according to Paul Brady, commissioner of Social Services, whose department is involved in the case.
She is with a foster family and is in school, Mr. Brady said.
Shortly after Walker's arrest in November, Social Services established an account for the girl for people to donate, "and the outpouring was really remarkable," Mr. Brady said.
Also, the State Police collected toys and gifts for the girl at Christmastime.
The struggles of the victim struck a chord with people.
"In all my years in Social Services, I've never seen anything like this," Mr. Brady said. "It was horrendous."
Donations are still being accepted for the girl. Donors can visit any NBT Bank and contribute to the girl's account, care of Paul Brady, commissioner of Social Services.