RICHMOND —
(Editor’s note: The following story contains graphic information some readers may find offensive.)
The case of a Richmond man charged with first-degree sodomy will be heard by a Madison grand jury, but his attorney says his client is the victim of a setup.
Darvis G. McIntosh, 55, is charged with forcing an 18-year-old woman to perform a sex act by threatening to kill her.
Kentucky State Police Trooper Jonathan Allen testified Wednesday in Madison District Court before Judge Brandy O. Brown, saying the alleged victim, McIntosh’s step-granddaughter, told police McIntosh said if she did not do what he wanted, he would kill her, put her body in a pond and tell her parents she ran away, Allen said.
McIntosh reportedly drove the woman to his farm in the Bybee area on May 21. The woman exited the car and then re-entered, finding that McIntosh had placed a knife on the dash which was meant to be used as a threat, Allen said.
She did not report the incident to police until July 31, he said.
Allen was dispatched to a disturbance call at a home in the 300 block of Greens Crossing Road. The caller insisted Mr. McIntosh was armed with a handgun that later could not be found by police.
Upon Allen’s arrival, McIntosh told him there was no disturbance and that everything was under control. Allen then went inside the home to investigate, which is where he first made contact with the alleged victim.
She then preceded to tell Allen about the event reportedly occurring May 21, and that the July 31 disturbance stemmed from McIntosh finding out she had a video on her cell phone of him fondling her, which could be used as incrimination, Allen said.
“(The alleged victim) was fearful for her life at that time and complied with Mr. McIntosh,” Allen said. “I spoke to her briefly and she said Mr. McIntosh did the same thing to her when she was a child. I asked (the alleged victim) if she wanted to pursue the matter and she said she did. She accompanied me to the Kentucky State Police Post where we did a taping of the interview.”
The alleged victim told police there was some evidence on a pair of jeans at her home, but Allen was unable to locate the jeans because “... the house was in such disarray.”
“I went to Mr. McIntosh’s home to try to get his side of the story,” Allen said. “I asked him if he wanted to come out and speak to me. He told me, ‘If you’re here to arrest me, just go ahead and arrest me.’ I placed him under arrest for sodomy, first degree.”
The allegations against McIntosh is the result of him asking the alleged victim and her family to vacate the home they were renting, which was on his property, according to his attorney, Jim Baechtold.
The story also is unbelievable, Baechtold said, because McIntosh had surgery on May 3 and was in a wheelchair until May 27.
Allen said he was not aware of McIntosh’s level of impairment and whether or not he would have been able to drive when the alleged incident took place.
Baechtold also finds it suspicious that the woman waited more than two months to report the incident to police, he said.
“It does strike me as odd, but sometimes in sex-related cases, the victim doesn’t come forward for a variety of reasons,” Allen said. “I’ve seen it happen before.”
A relative of McIntosh told the trooper she overheard the alleged victim say because of the eviction notice, she would file allegations against him if he didn’t let them live there rent-free for a year and “... provide them with a certain number of pain pills and a certain amount of cash,” Allen testified.
Baechtold asked Brown if he could call witnesses, and he and Madison County Attorney Marc Robbins approached the bench.
“I think the appropriate place for that is in circuit court,” Brown said.
“I had the victim subpoenaed to testify and felt prepared to demonstrate that she had absolutely no credibility and unfortunately our request was denied by the court,” Baechtold said after Wednesday’s court proceedings. “Mr. McIntosh has maintained his innocence from the beginning of this case, continues to maintain his innocence and we welcome the chance to confront and cross examine the alleged victim’s statements and allegations. The case starts looking like a house of cards that’s eventually going to fall.”
McIntosh remains in the Madison County Detention Center on a $25,000 cash/property bond.
“He has a federal holder,” Baechtold explained. “The detainer was placed by his parole officer. It’s not a finding of a violation of anything. It’s a process that happens when someone is on parole and is alleged to have committed an offense. That leaves him unable to post his bond.”
First-degree sodomy is a Class B felony. If convicted, McIntosh could serve up to 20 years in prison.
Ronica Shannon can be reached at rshannon@richmondregister.com or 624-6608.
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