A judge rejected a plea Monday, June 13, to dismiss rape and other charges filed against a man accused of brutalizing two employees at a Columbia County massage parlor in 2016.
Damione Evans, 45, has pleaded not guilty to the charges and has been free on bond since July 15, 2016.
Monday in Columbia County Superior Court, defense attorney Paul Howard argued the charges against Evans should be dismissed because the long delay in the case has violated the Sixth Amendment right to a speedy trial.
On May 22, 2016, a man entered the King’s Day Health Spa and knocked one woman unconscious and dragged her into a closet. A second woman was sexually assaulted and forced to show the man where the money was kept, which he took before leaving. The crimes were captured on the business’ security video.
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After Evans’ arraignment on the cases and his bond hearing, no hearings were held until 2018 when the former judge assigned to the case ruled Evans was competent to stand trial. He also ruled Evans’ statement was inadmissible at trial. At another hearing in June 2018, the former prosecutor assigned to the case asked for the recording May 22, 2016, to be admitted without calling the two victims. The judge didn’t rule on that motion but advised the prosecutor to make further efforts to locate the victims.
Assistant District Attorney Rex Myers testified Monday that law enforcement suspected the victims in the case were also victims of human trafficking. His only contact with them was through a third woman who made several broken promises to arrange for a meeting with the victims. He said he continued to try to speak to the victims and never announced ready for trial while he had the case.
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Assistant District Attorney Natalie Paine, who is now assigned to the case, found the victims last year and consulted with Evans’ former defense attorney about his readiness for trial, said attorney Keith Johnson. Delay can be a problem for both sides in a criminal case because memories can fade, and witnesses can die or otherwise become unavailable for trial. But he didn’t file a demand for a speedy trial, and he wasn’t in a hurry to get the case to trial. Johnson said he also needed to interview or try to interview the victims before trial.
Judge Sheryl B. Jolly denied the motion to dismiss the case and denied Evans’ request to delay the trial so he could seek an appellate ruling on the issue he raised.
The next possible trial date for Evans is July 11.
Sandy Hodson is a staff reporter covering courts for The Augusta Press. Reach her at sandy@theaugustapress.com.
