TALLADEGA COUNTY — Circuit Judge Bo Hollingsworth sentenced a Sylacauga man to two consecutive life sentences plus 99 years in prison Wednesday for one count each of sodomy in the first degree, rape in the first degree and sex abuse in the first degree.John Steven Absher, 46, was convicted by a jury on the above counts in April. The victim in the case was a 3-year-old girl, who also suffered serious physical injuries in the assault and required extensive reconstructive surgery.
In an impact statement, the victim’s grandmother told Hollingsworth it was imperative that he “makes sure he (Absher) never again walks the streets as a free man again…He almost killed her, she was bleeding so much. I want to forgive him, but he let the devil take him. He showed absolutely no remorse, and he made (the victim) take the stand to testify about what he did to her. He really raped her not just once, but twice, making her do that. I’m sorry, but the only way that man ever needs to come out of prison is in a casket.”
The victim’s mother left the child with Absher for a few hours in December 2006. The victim’s testimony in open court was inconclusive, given her age and the unpleasant nature of what she was being asked, but she previously told forensic examiners Absher put her on the bed, put his finger in her anus, then vaginally raped her.
When the victim’s mother returned, the house was locked. Absher had already stripped the bed, washed the sheets and his clothes, and flipped the mattress, which was already soaked through with blood. He was bathing the victim at the time, and tried to discourage the mother from seeking medical attention.
The victim was taken to Coosa Valley Medical Center in Sylacauga before eventually being transported to Children’s Hospital in Birmingham.
Absher has four prior felony convictions, including two counts of forgery in the second degree, one count of burglary in the third degree and one count of fraudulent use of a credit or debit card, all from Shelby County.
The case was investigated by the Talladega County Sheriff’s Office and prosecuted by Assistant District Attorney Bill Barnett.
Also in Hollingsworth’s courtroom Wednesday, Maurice Dewayne Kelly, 18, was sentenced to 20 years in prison and ordered to pay more than $1,000 in restitution after pleading guilty to robbery in the first degree of the Frank Curry Shopping Center on Scott Street in March 2006.
The restitution will go toward covering the medical expenses of store owner Sadie Curry, who was struck several times in the head with a blunt instrument and required stitches. Kelly was 16 at the time of the robbery, but since he was between 16 and 18 and accused of a Class-A felony, he was automatically certified as an adult. A subsequent youthful offender application was also overruled.
Hollingsworth sentenced Andre Armbrester, 17, of Munford, to 12 years in prison after Armbrester had been convicted by a jury of arson in the first degree. He will have to make restitution to the Talladega County Board of Education in the amount of $753.
Defense attorney Mark Nelson argued that Armbrester had merely acted as a lookout, but the 14-year-old who actually set the fire was not old enough to be charged as an adult.
Armbrester and his co-defendant started a fire in the boy’s restroom at Munford High School in August 2007. The building was occupied at the time of the fire.
Across the hall, Talladega County Circuit Judge Julian King sentenced Rory Scales, 33, to 10 years in prison. Scales was convicted by a jury of domestic violence in the second degree.
Scales struck his wife — with whom he continued to live while out on bond — in the head with a hammer in July 2007 while arguing over a cell phone. Scales testified that he was actually the victim, and was being prosecuted to thwart a half-million dollar lawsuit brought against various public agencies for malicious prosecution, perjury and libel. He also accused Talladega Police Detective John McCoy of stealing the hammer off of his truck while it was parked at the judicial building.
Also in court Wednesday, Hollingsworth sentenced:
• Jerry L. Robertson, 44, to five years in prison and 12 months in the county jail for possession of a controlled substance and possession of marijuana, respectively.
• Derrick Michael Vann, 28, to 15 years in prison for possession of marijuana in the first degree. Vann has four prior felony convictions.
• Albara T. Hill, 32, to six years in prison for possession of marijuana in the first degree.
• Layfield Brown, 67, to 12 years in prison for domestic violence in the second degree.
• Steven Ervin, 53, to concurrent 96-month prison sentences for two counts of distribution of a controlled substance.
• Phillip Gaines, 34, to concurrent 60-month sentences for two counts of distribution of a controlled substance.
• Christian Spanks, 19, to 20 years in prison for robbery in the first degree involving a firearm.
• Billy Joe Pointer, 23, to 48 months in prison for distribution of a controlled substance.
• Thomas R. Carter, 42, to 10 years in prison for violating the community notification act for convicted sex offenders. Carter has three priors, including a sex abuse in the first degree conviction.
• Eddie Jerome Thomas, 43, to 96 months in prison for distribution of a controlled substance.
• Hollis Mann, 47, to concurrent 54-month sentences for two counts of distribution of a controlled substance.
• Dequarius Stamps, 33, to consecutive 96-month sentences on two counts of distribution of a controlled substance.
• Eddie Poole, 67, to 60 months in prison for possession of marijuana in the first degree.
• James Gaston, 54, to consecutive four-year sentences, suspended, three years probation, for possession of marijuana in the first degree and possession of drug paraphernalia.
• Tracy A. Cunningham, 41, to six years in prison for distribution of a controlled substance.
• Gwendolyn Faye Lackey, 47, to 60 months in prison and 12 months in jail for possession of a controlled substance and possession of drug paraphernalia, respectively. Lackey failed a drug test prior to being sentenced.
• Kevvie Kelley, 29, to 30 months in prison for possession of a controlled substance. Kelley also failed a drug test.
• Robert Hall, 25, to four years in prison for shooting into an occupied building.
• Hollingsworth sentenced Albert Huey, 22, to 84 months in prison, split, one year and one day to serve, with the balance on probation.
• Aaron Parnell, 34, to two concurrent 15-year prison sentences and two concurrent 12 months in the county jail for possession of a short-barreled shotgun, possession of a firearm with an altered identification number, possession of marijuana in the second degree and possession of drug paraphernalia.
• Timothy Johnson, 54, to 30 months, suspended, three years probation for possession of a controlled substance and possession of drug paraphernalia.
• Gregory Gallahair, 20, to concurrent two-year prison sentences for escape in the third degree and escape in the second degree.
• Anthony David Landers, 31, to four years in prison, suspended, three years probation pending completion of drug rehab for one count of burglary in the third degree.
• Rachel L. Owens, 36, to four years in prison, suspended, three years probation, for identity theft.
• Jaquinten Sanders to 12 years in prison for robbery in the first degree.
King sentenced:
• Michael Keith Parker, 22, to five years in prison for sex abuse in the first degree.
• Joseph Lett Jr., 42, to 23 months, reverse split, 18 months probation, nine months to serve, for possession of a controlled substance.
• Bryce Richardson, 41, to 31 months, reverse split, 18 months probation and nine months to serve for possession of a forged instrument in the second degree.
