Jack H. Schick

Lengthy Sentence for Megan's Law Violation



Posted: Wednesday, August 03, 2011

by Jack H. Schick

Evan Davis, 54, of Chester, Pennsylvania, received the longest sentence handed down in many years for a violation of Megan’s Law.  Delaware County Judge Patricia H. Jenkins gave him 20 to 40 years in prison for failing three times to register his address in compliance with the sex-offender law.  Assistant District Attorney Pearl Kim said, “Not only did he not comply, but he lied to Pennsylvania police about where he lived.”  Davis had changed residences several times without reporting.

Cynthia Kempinen, deputy director of the PA Commission on Sentencing agreed that the sentence was unusually long.  She said that under mandatory guidelines, the typical time given for a felony failure to register under Megan’s Law is three to six years.  Davis’ sentence is five to ten times that long.  Before she issued her decision, Judge Jenkins explained that Davis was unwilling to conform to the rules of society and had “failed completely” to take any responsibility for his actions.

Davis has already spent most of his adult life behind bars.  He will now probably spend the rest of his days there.  He has a lengthy criminal record that includes convictions for robbery, theft and rape.  Assistant District Attorney Kim pointed out that Davis also received 34 guilty verdicts for misconduct while in prison.  It was a guilty plea to a 1989 rape charge that originally required him to register as a sex offender and report his address when he was released from prison.

Davis’ non-compliance was discovered when he became a suspect during the investigation of an assault at the rooming house where he lived.  The assault occurred around 5:00 am one morning while the (un-named), 23 year old victim and her 1-year old son were sleeping.  The victim uses hearing aids and did not notice when Davis (allegedly) forced open her bedroom door, which had multiple locks.  Davis (allegedly) tried to assault her, and when she resisted, he slashed her throat.

The child was unhurt and the victim, who nearly died from blood loss, has recovered. She said that she was unaware of Davis’ criminal record when she rented the room.  She said she would have moved out, not wanting to be around anyone like him.  She laments that, had Davis complied with Megan’s Law as he was required to do, she would have been spared the horror she went through.

Davis’ trial associated with the crime is scheduled for October. Assistant District Attorney Kim said that while she was pleased with the long sentence Judge Jenkins gave him, she is disappointed that Davis turned down a plea agreement he was offered. “We now have to proceed with the trial and have the victim undergo that experience.”  Any jail time from a conviction will be in addition to what he’s already received.
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Top-level comments on this article: (1 total)
» left by Anonymous
267 days 18 hours ago.
Not so sure how they applied the sex offender registration law to this guy. Most of the SOR laws were passed in the 1990's. If his offense occurred before the passage of the law, he should not be required to register.

I feel no pity or sympathy for this guy other than what the law provides. But it's a shame that a citizen of the U.S. can be imprisoned because they don't want to tell the government where they live. With the advent of the internet, and all of the other public media resources available today anyone can find out your criminal or other history.

It has never been constitutionally required that our government provide public information with the threat or reality of imprisonment to enforce it. Not to mention that the basis of the SRO laws require a person to be "compelled to be a witness against themselves" by providing handwritten testimony. This form of testimony is supposed to be completely protected by the 5th amendment in both civil and criminal cases.

These laws essentially waste billions of dollars when simple alternatives can correct the problem. By simply increasing the penalty for certain sex crimes or increasing the penalty for repeat offenses.

I would like to know where con people live, murderers, assaulters, arsonists, racists, terrorists, gang members, drug users, alcoholics, and all others live who can adversely affect my life and my families. Not just someone who is a sex offender for all kinds of different reasons, both statutory and violent.

» left by Jack H. Schick 267 days 14 hours ago.
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