Rape sentence stands; offender must register

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An appellate court decision reinstated an Augusta man's sentence for a 2005 statutory rape conviction and required him to register as a sex offender.

In May, Superior Court Judge Duncan Wheale rescinded the sentence he had imposed on William Archer Stulb, 24, in December 2005 after a jury found Mr. Stulb guilty of statutory rape.

Mr. Stulb, formerly of the 2800 block of Lombardy Court, had been sentenced to a year in jail followed by nine years' probation, 300 hours of community service and a $10,000 fine. The law didn't require Mr. Stulb to register as a sex offender because of his age at the time of the offense. When the law changed in 2006, Mr. Stulb was required to register.

In response to a request from Mr. Stulb last year, Judge Wheale resentenced Mr. Stulb under the First Offender Act, which eliminated Mr. Stulb's requirement to register.

The district attorney's office appealed, saying the judge did not have the authority to resentence Mr. Stulb as a first offender because he had already been convicted of a felony.

The Georgia Court of Appeals agreed, ruling Monday that "a trial court is only authorized to grant first offender treatment before a defendant has been adjudicated guilty and sentenced."

Mr. Stulb is being held in the Glynn County Detention Center in Brunswick, Ga., without bond on a child molestation charge. He is accused of molesting an 11-year-old girl in Sea Island, Ga., on June 22.

A trial set for Monday in that case was postponed, according to the Brunswick Judicial Circuit District Attorney's Office. No new date has been set.

Reach Valerie Rowell at 868-1222, ext. 110, or valerie.rowell@augustachronicle.com.

Comments (12)

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Craig Spinks
817
Points
Craig Spinks 03/13/09 - 01:37 am
0
0

THANKS to Ms. Wright and her

THANKS to Ms. Wright and her staff for their dutiful diligence in pursuit of child molesters!

dickworth1
721
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dickworth1 03/13/09 - 02:50 am
0
0

This may not have happen if

This may not have happen if Judge Wheale had not tried to change his sentencing. I hope that this judge will learn from this mess and he can tell the family of an 11 year old girl how sorry he is for not making him register so citizens can be aware of these scumbags!

justus4
93
Points
justus4 03/13/09 - 05:16 am
0
0

Another example of the judge

Unpublished

Another example of the judge looking like the criminal and trying to cut him some slack. Problem is, that slack is putting other children at risk. Why not put child molesters in jail for a long time and stop with this registering stuff. Just give them extremely long sentences like "they" do minorities instead of letting them out to register. This process is a joke and demonstrate why the criminal justice system is totally biased. And it seems these judges are bending over backward to free these molesters and the question is, why? The judge went out of his way to find a statute which benefitted Stulb. Again, Why? There is a pattern here and it don't look good for our children.

ColCo
460
Points
ColCo 03/13/09 - 06:41 am
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dickworth1, his registration

dickworth1, his registration probably would not have prevented the incident as his offense was committed against a relative, whose parents supposedly helped convince Wheale to resentence Stulb under the first offender's act. I hope the Brunswick court sentences the little pervert to a long prison sentence and the inmates dole out his punishment every day.

prayer2008
0
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prayer2008 03/13/09 - 07:57 am
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ColCo i'm SURE you do not

ColCo i'm SURE you do not have all of your facts right. I hope God can forgive you for what you said, and I pray for all of the families involved, including Stulb.

lawyerdude
29
Points
lawyerdude 03/13/09 - 09:21 am
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Duncan Wheale is no longer on

Duncan Wheale is no longer on the bench. He retired.

Hoss4
0
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Hoss4 03/13/09 - 09:54 am
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0

Thank you JUSTUS4 for your

Thank you JUSTUS4 for your "Woe is me, black man take" on this incident.

justsaying
0
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justsaying 03/13/09 - 11:26 am
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0

Seems as though the Stulb

Seems as though the Stulb family paid off the wrong judge...and WHY did the DA appeal the case...oh the Lombardy address...

corgimom
19182
Points
corgimom 03/13/09 - 12:04 pm
0
0

So Justus, how do you account

So Justus, how do you account for the fact that my stepcousin spent 20 years in prison- in San Quentin, no less- and he was white?

creolechick
55
Points
creolechick 03/13/09 - 03:41 pm
0
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Justus - there are plenty of

Justus - there are plenty of black registered sex offenders freely living in neighborhoods and not in prison. Do a search on the web and you'll see. Why must you put race in everything? It gets old.

ColCo
460
Points
ColCo 03/13/09 - 09:03 pm
0
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prayer 2008, My facts are

prayer 2008, My facts are right and I'm sure God will forgive me for not caring how a child molester is treated in prison.

patriciathomas
42
Points
patriciathomas 03/14/09 - 06:29 am
0
0

This is an example of another

This is an example of another reason to NEVER cut a child molester any slack. It's ALWAYS the wrong thing to do. These people need to be isolated from society or salvaged for body parts and recycled.

stewartist
0
Points
stewartist 03/14/09 - 08:16 am
0
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For the record, if this

For the record, if this person is sentenced to 20 yrs, he will do all 20 because, by law, there is no parole for his crime, where if someone is sentenced to 10 yrs for selling crack they would be paroled in 3 to 4 yrs - it's part of the system (unless it's a repeat offender). There are different parole stipulations for different crimes - this man's crime is a level 5 crime and Ga. law requires him to do 90% of it, but in his case, he'll do it all and will do very hard time to say the least.

KellyRPiercy
0
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KellyRPiercy 03/15/09 - 05:17 pm
0
0

I think we are all in the

I think we are all in the same car when it comes to repeat offenders. the question is, was the statutory rape conviction one of a barely 20ish and an almost 18ish, or a 20something and a maybe almost a teen. One is different than the other.

If there is someone who does not think child molestation is a crime, I am not speaking to or for them. My question is:

What is a 'sex offender' and who belongs on a registry for life? As it stands, that is anyone convicted of such a broad range of crimes that there are few in the nation who would not be on the registry if they had been 'caught'.

The simple fact is that most persons convicted of a sex offense do not re-offend. The more frightening fact is that people somehow feel safe with a registry and it has no effect on the rate of sex offenses. Face it people, over 80% of all offenses against children happen in the home and, as in this case, are committed by a relative or parent. These people knew this man and that he is a former offender. Maybe they should be on the registry too.

Kelly R Piercy
gasoem@gmail.com
http://www.gasorr.org/

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