Saturday, November 14, 2015

“Walking While Being an RSO”: A 65 Year Old Chesapeake VA RSO Arrested for Being Near Hickory High School While Walking to the Bank

Now I am not saying this 65 year old Chesapeake RSO wasn’t up to something maybe he was…. but based on the 4 below news articles he didn’t approach anyone, he didn't speak to any students, he wasn’t looking into the school windows, he didn’t attempt to enter the school, he wasn't looking into vehicles and he wasn’t taking photographs.   

He was seen “nearHickory High School and someone decided he was “suspicious” and called the police.  

When the police arrived “they met a man along the side of the road in front of the school”.  

Along side of the road is NOT “school property” it’s a public street.  

The 65-year old RSO says he was walking to the bank, if that is actually what he was doing, that is NOT a crime!

I looked him up on the VSP Registry just to see if he’s been compliant so far….and guess what? His conviction was in 1986, 29 years ago and he had one failure-to-register 2 years ago. One slip up in 29 years and there is a very good chance that he missed a registration because his VSP certified letter didn’t arrive as many of Virginia’s RSO’s have experienced over the years and that could be what the failure is from.  

…….AND since his conviction was in 1986 he wouldn’t have been banned from school property until in 2008 when the Virginia G.A. retroactively banned RSO’s from school property in which NO notice was ever sent out to Virginia’s RSO’s advising them of the change in law, they learned of the new law usually by breaking it. So if this 65-year old RSO had no school aged children or grandchildren enrolled in Virginia since 2008 he would NOT be aware of the prohibition he must abide by.

High Schools can take up a lot of land, football field, baseball field, etc. Perhaps the RSO who is elderly was cutting across a parking lot or field to cut his walk-time down on the way to the bank.  

Some of the comments on WTKR’s and WAVY’s Facebook pages say there is no bank nearby and others say he was hitchhiking and others point out at 8:50AM school is in session and no kids are outside. This 65-year old had already walked a mile from his listed residence and if he was hitchhiking to get to his bank because it isn’t nearby, so what? Obviously he doesn’t have a vehicle, perhaps because he’s an RSO and can’t afford one. 

Based on the below articles this report/arrest is NOT NEWS; I am stunned that 4 news outlets have reported it. I’m extremely saddened that Chesapeake VA police reported it to the news outlets.  

What one person claims as “suspicious” or “creepy” may not be so to another person. And when did being “suspicious” become a criminal offense? It hasn’t! If this 65 year old man who it seems was just walking by the school had a 29 year old conviction for murder, robbery, assault with a deadly weapon, animal abuse, drug sales, drug possession, vehicle theft or illegal weapons the police would have no grounds to arrest him and there’d be no news story.  

But as a Registered Sex Offender, there is no expectation of mens rea, the intent to break the law and your simple existence of being within a public area, possibly on a public sidewalk is a Class 6 Felony but not for anyone else 

Now this retired Virginian must sit in jail, he may or may not be granted bond (because he's an RSO thta's a legal reason to deny him bail) which he may or may not be able to make and he faces a new felony 29 years since his conviction that made him an RSO that bans him from being on school property which he may not have even known about with a high possibility of incarceration. His successful re-entry back into society for 29 years has just come to an end! 

So to all RSO’s in Virginia, if you are walking by a daycare or a school move to the other side of the street no matter what the traffic, weather, lighting, sidewalk-situation or dangers may be otherwise you too may be arrested not for any criminal actions but just for your mere existence in a public space.  

Oh and remember being an RSO isn’t punishment it’s just administrative!
Mary Davye Devoy 

Police: Registered sex offender arrested after being found by Hickory High, November 13, 2015

Registered sex offender arrested near Hickory High School, November 13, 2015
Also posted on WTKR’s Facebook page, with many comments. 

Registered sex offender arrested after spotted near high school, November 13, 2015
Also posted on WAVY’s Facebook page, with many comments. 

Registered sex offender arrested near Chesapeake high school, November 13, 2015