Stoddard County teenager to face adult trial for sodomy

BLOOMFIELD, Mo. -- After being certified to stand trial as an adult Tuesday, a Dudley, Mo., teenager was charged with sodomizing a young boy in 2008.

Allen Blaine Heaton, 18, was charged with five unclassified felonies of forcible sodomy and five unclassified felonies of statutory sodomy by Stoddard County Prosecuting Attorney Russ Oliver.

After considering the complaint and probable cause affidavit filed with the court, Associate Circuit Judge Joe Satterfield issued a warrant for Heaton's arrest and set his bond at $50,000 cash.

The warrant says Heaton, who was not in custody at press time, must appear before Satterfield for the setting of special conditions before his release on bond "for the safety of (the) community."

The charges were filed not long after Satterfield, in his capacity as juvenile judge, ordered Heaton to stand trial as an adult.

After considering the totality of the circumstances, Satterfield found Heaton, age 18 years and nine months, is "not a proper subject to be dealt with under the provisions of the juvenile code and in the juvenile justice system …"

Satterfield issued his order after taking the case against Heaton, who was 16 at the time of the allegations, under advisement following a May 10 certification hearing and the submission of memorandums by Heaton's attorney, Kyle Walsh of Poplar Bluff, Mo., and the juvenile office, which was represented by attorney Rance Butler.

The hearing had been held to consider a motion to dismiss and allow prosecution under general law filed by Stoddard County Chief Juvenile Officer Michael Davis.

Heaton had been charged in juvenile court with four felonies of deviant sexual intercourse, four felonies of forcible sodomy and four felonies of endangering the welfare of a child. The offenses allegedly involved a 7-year-old boy and occurred between June and December 2008.

"The victim's statement did not come out until after Heaton had turned 18; (Heaton) was an adult," according to a juvenile official.

Once the allegations were reported, the juvenile official said, a multidisciplinary team, made up of Stoddard County Deputy Hank Trout, Dexter Police Detective Trevor Pulley and members of the Stoddard County Juvenile Office and Children's Division, conducted an investigation.

A search warrant prepared by the prosecutor's office, he said, was executed during the investigation.

Additional information, the official said, was provided by Beacon Health Care, formerly known as the Southeast Missouri Network Against Sexual Violence, which led to the charges being filed in juvenile court.

During the May hearing, evidence and testimony were presented by Davis in regard to the motion and a report prepared by Davis was submitted for the court's consideration.

The report submitted by the juvenile office outlined the allegations against Heaton, as well as what programs and services were available through the juvenile system.

Juvenile authorities sought to have Heaton certified due to the seriousness of the alleged crimes, as well as his age and the age of his alleged victim and the lack of services available in the juvenile system due to Heaton's age.

The defense, according to juvenile authorities, tried to rebut the reasons for certification, including the seriousness of the alleged crimes and Heaton's age in its memorandum.

"The court finds that Allen Heaton is not a proper subject to be dealt with under the provisions of the juvenile code," Satterfield's order said.

Satterfield's order further said there are "no reasonable prospects of Allen Heaton being rehabilitated in the juvenile justice system" and given Heaton's current age, there are "no treatment alternatives available in the juvenile justice system."

Satterfield cited six reasons for allowing prosecution under general law, including that the alleged acts "involve force, violence and viciousness by (Heaton) allegedly committing sexual acts against a 7-year-old male child."

Satterfield said "greater weight" was given since the alleged offenses were "against a young child and conceivably may have resulted in personal injury and emotional distress to the child."

Heaton, Satterfield said, has no record, history or other known experience with the juvenile court, so the alleged criminal offenses were not considered part of a repetitive pattern.

Given Heaton's age alone, there are no rehabilitation or alternative services within the juvenile justice system available to "protect society given the serious criminal conduct alleged to have been committed by Allen Heaton," Satterfield said.

Protection of the community, "requires that Allen Heaton be transferred to a court of general jurisdiction so that he be prosecuted" as an adult, said Satterfield, who described Heaton as "exhibiting normal appearance, demeanor and behavior."

During the hearing, Satterfield said, he saw Heaton reviewing court documents and communicating with his parents and his attorney, "indicating an understanding of the proceedings and his situation."

Based on his own observations, Satterfield said, he found Heaton "exhibits age, appropriate degree of maturity and appropriate emotional and mental condition," with no indication he is mentally deficient or mentally disordered.

Pertinent address:

Bloomfield, MO

Dudley, MO