La Plata, MD – There’s a burden of proof the state must meet in every case, but sometimes even when the state loses they may win out in the end.
Such was the case of Nahvarj Eillijah Ray Mills, 21, who was acquitted of second-degree rape charges in a jury trial last month, but was found guilty of second-degree assault.
On Tuesday, Nov. 25, Charles County Circuit Court Judge Helen I. Harrington sentenced Mills to 10 years in prison with all but eight years suspended.
Harrington warned the court that she would not condone disruptions before she made her decision.
“I know this an emotional case,” she told those assembled. “I know there are strong feelings on both sides. If you can’t control your emotions, I’m asking you to leave the room now.”
Since the trial, Charles County Assistant State’s Attorney Jeremy Widder said he had been in contact with a detective from the Metropolitan Police Department in Washington, D.C. who told Widder he had testimony regarding two other accusations of rape against the defendant from when Mills worked at a swimming pool as a lifeguard.
Mills’ attorney William Renahan objected to those videos being revealed before the court, a request Harrington granted. Widder said there was also a police report detailing the accusations, but as the document was unsigned, the judge wouldn’t allow that evidence either.
“He was not charged in those cases,” Harrington noted.
The mother of the victim told the court that she hoped the defendant, “Would take this opportunity to reflect on your life,” she said, calling Mills “disrespectful, mean and rude.”
The victim told the court before leaving in tears, “This incident has changed my life forever.
“To watch the man who raped me laugh in my face is almost unbearable,” she said.
Widder said the state was seeking time for the defendant “above the sentencing guidelines.
“The more you look into his background, the more dirt emerges,” Widder stated. “This is not his first brush with the criminal justice system,” outlining Mills’ long history of burglary, theft and traffic offenses.
“Even after all this, he still doesn’t think the rules apply to him,” Widder said.
Widder said that between the two days of his jury trial, Mills spent his off time drinking tequila with his friends.
“The court was able to observe his attitude throughout the trial,” he said, adding, “the harm he caused the victim in this case was profound, without remorse or reflection.”
Renahan had the defendant’s mother, Lisa Dickerson, testify on his behalf.
“My son is not a bad person,” she told the court. “He may have made some bad decisions, but he was found not guilty of rape. He understands the decisions he made were not good decisions.”
“In a way, the state wants to have its cake and eat it too,” Renahan said. “My client was found guilty of second-degree assault. He shouldn’t be punished for second-degree rape which he wasn’t convicted of. His sentence should be 18 months or probation. We had a jury decision, we have to live with that decision.”
Calling Mills a “self-centered, narcissistic young man,” Harrington said she didn’t need to see the videos Widder brought to court, because “your own testimony incriminated you, when you said it was ‘no big deal, my buddy and I we go out and do this all the time.’
“You exhibit manipulative, ruthless behavior whose actions show no signs of insight or remorse,” the judge said. “I want you to know that if I was sentencing you for rape you would be getting 20 years. I remember vividly how arrogant you were during the trial.”
Harrington then sentenced Mills to 10 years in prison with all but eight years suspended. She said he would be on five years of supervised probation upon his release, would have to pay a $1,000 fine, court costs and parole and probation fees upon his release and would have to undergo a mental health evaluation.
Contact Joseph Norris at joe.norris@thebaynet.com