Tracy L Davidson - U.S. Airforce - Convicted Sex Offender

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Name: Tracy L. Davidson

Case: United States v. Davidson No. ACM 34911

Date Of Conviction: February 27, 2004

Sentence adjudged: September 21 , 2001

Appeal Date: February 27, 2004

Plea: Guilty

Charges: Sodomy Of Minor Boys, and others see below

Military Branch: U.S. Airforce

Listed In National Sex Offenders Registry? NO

A court-martial composed of a military judge alone found the appellant guilty, consistent with his pleas, of carnal knowledge and indecent acts with S.M., a 13-year-old girl, desertion for over 12 years, sodomy of two boys, E.M. and M.M., while they were 11 and 12 years old, and indecent acts and indecent liberties with these boys, in violation of Articles 120, 134, 85, 125, and 134 UCMJ, 10 U.S.C. §§ 920, 934, 885, 925, 934 respectively.

The appellant’s sentence included a dishonorable discharge, confinement for 35 years, forfeiture of all pay and allowances, and a reduction to E-1. The convening authority approved the sentence, except that he reduced the confinement to 30 years in accordance with a pretrial agreement. The appellant now claims that the trial defense counsel who represented him in 2001 was ineffective and his sentence was inappropriately severe. We disagree and affirm.

In 1988, military authorities at Bergstrom Air Force Base, Texas, charged the appellant, who was 23 years old, with rape and carnal knowledge of S.M., a 13-year-old girl, indecent acts with S.M. and D.H. (another girl under the age of 16), and distributing to S.M. a Schedule III controlled substance.

The appellant asked his trial defense counsel to negotiate a plea agreement with the convening authority. While the parties negotiated an agreement, the appellant planned to desert the Air Force and assume the identity of a deceased relative. A family member gave the appellant the deceased person’s birth certificate, which he used to obtain a new driver’s license and social security number. Two days before his trial was to begin, the appellant deserted.

He moved to Atlanta, Georgia, and began a new life as William Kenny Watson. A few years later he married R.M., a woman with low intellectual functioning. She had two-year-old twin sons, E.M. and M.M., also with low intellectual functioning. The children had been removed from her home because she was unable to properly care for them. They were returned to her once she married the appellant.

When the boys were 11 years old, the appellant showed them pornographic images during the weekends while his wife was working. He also masturbated in their presence while looking at the pictures. The appellant masturbated the boys and thus conditioned them to masturbate him and each other. On several occasions, he also sodomized the boys and forced them to do the same to him and to one another.

Although they cried when he sodomized them, the appellant continued to sodomize them. He sometimes ejaculated on them and inside E.M. and made them ejaculate on him as well. This continued until the boys were 12 years old. The appellant was arrested in January 2001. A new trial defense counsel represented the appellant at the proceedings that took place in 2001.

The appellant also alleged, pursuant to United States v. Grostefon, 12 M.J. 431 (C.M.A. 1982), that his sentence was inappropriately severe. Based upon ourreview of the entire record, we find that the approved sentence is not inappropriately severe, given the number of victims, the nature of the offenses, the devastating impact on each of the victims, and the appellant’s character