David Lamar Hayes - U.S. Army - Convicted Sex Offender

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Name: David Lamar Hayes

Case: State Of Tennessee v. Hayes No. F-48895

Date Of Appeal: June 8, 2004

Plea: Not Guilty

Charges: Rape Of A Child

Military Branch: U.S. Army

Listed In National Sex Offenders Registry? NO

A Rutherford County jury convicted the defendant of thirteen counts of rape of a child and seven counts of rape, for which he received an effective 220-year sentence. He raises the following issues on appeal: (1) whether the evidence is sufficient to sustain his convictions; and (2) whether the trial court erred in imposing sentence. We affirm the convictions with the exception of one count of rape,which count is reversed and dismissed. We further reduce the effective sentence and remand for entry of amended judgments reflecting an effective sentence of sixty-six years.

The defendant lived with the victim’s mother and the victim for approximately six years. The victim, D.J.,was twelve years old when the defendant began performing the sexual acts which underlie his convictions.

D.J.’s testimony reveals the details of the specific occurrences were, with rare exceptions,identical. The victim testified the defendant instigated sexual intercourse with her twice each month during February, March, April, May, and June1999. In March 1999, the defendant told D.J. that he would kill her if she told anyone what was happening.

On January1, 2000, D.J. was with her mother in Alabama visiting with extended family. She testified that she told her mother what had happened at that time, “[b]ecause I was with my family and I knew [the defendant] couldn’t do anything.” D.J. testified her mother immediately telephoned her natural father; she and her family traveled back to Tennessee; and D.J. was taken to the hospital to be examined. After determining that D.J. was pregnant, the decision was made to travel to Kansas in order to have an abortion.

Detective David Loftis, of the LaVergne Police Department, testified he traveled to Kansas at the time D.J. received her abortion in order to gather DNA material from the fetus. Deanna Lankford, a forensic laboratory supervisor for Life Codes, testified about the analysis of the fetal DNA in comparison to the DNA obtained from the defendant. She testified that a comparison of the defendant’s DNA with the DNA obtained from the aborted fetus of the victim indicated a “99.99997percent probability . . . that he is the father of that child.

The defendant testified he lived with D.J.’s mother, D.J., and another sibling for approximately six years. The defendant admitted to having sexual intercourse with the victim beginning in “June-June-June or July-It was July,” 1999. He denied having sexual relations before she turned thirteen years old. He insisted his sexual relationship with D.J. was always consensual. “The way [D.J.] explained it was wrong and it was one hundred percent a lie.She lied, her mother lied, all of them lied.” The defendant further stated, “And the birth certificate is a lie.”

Based upon the above, we modify the concurrent/consecutive nature of the sentences as follows: (1) the twenty-two-year sentences for child rape under counts 1, 2, and 13 shall run consecutively to each other; and (2) all other child rape and simple rape sentences shall run concurrently with counts 1, 2, and 13, for an effective sentence of sixty-six years at 100%.

The presentence report indicates a prior arrest for domestic assault, but no disposition is shown. It also reflects the defendant had pending charges of rape of a child, aggravated assault, evading arrest, and resisting arrest. The report also shows that while the defendant was in the United States Army, he was charged with “indecent exposure and indecent acts upon a child.” He was administratively discharged from the United States Army prior to court martial proceedings.The record does not reveal any convictions relating to any of these charges