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Theft charge sends Walker rape suspect back to jail

News Channel 8 file photo by ERIC HAUSMANN

A judge sent back Diemante Roberts to jail after he was arrested and charged with stealing a gas can.

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By TOM BRENNAN | The Tampa Tribune
and JOSH POLTILOVE | The Tampa Tribune

Published: August 11, 2009

Updated: 08/11/2009 01:15 pm

TAMPA - One of the four teens accused of sexually assaulting a Walker Middle School student had his bail revoked today after he was rearrested Friday.

Diemante Roberts, 15, was arrested Friday on petty theft charges, accused of stealing gasoline, according to his attorneys.

At an emergency hearing today, Judge Wayne Timmerman sent Roberts back to jail.

Timmerman said had he unequivocally warned the four teens accused in the rape that there would be consequences for making mistakes in the future.

"I'm not going to countenance it," Timmerman said today. "I meant what I said."

Roberts broke down after the hearing, tearfully burying his head in his hands and sobbing while being led from the courtroom.

Roberts' attorneys said the teen is "being victimized and vilified by the media" and asked that everyone give Roberts a fair chance to prove his innocence.

"Our client will be vindicated entirely of these charges," Monica Strickland, one of Roberts' attorneys, said of the sexual assault charges.

Roberts and a 14-year-old were mowing lawns, and they went into a neighborhood resident's shed and stole his gas can, authorities say. The 5-gallon gas can was taken from a home at 1707 E. 148th Ave. while Roberts was wearing a GPS monitoring device, Hillsborough County deputies say.

The 14-year-old was also arrested and was booked into the juvenile assessment center. Prosecutors say that boy had been on probation for theft.

Assistant State Attorney Kimberly Hindman said her office is still reviewing Roberts' latest arrest before deciding whether to pursue further changes.

Roberts' attorneys asked Timmerman to place their client on house arrest rather than back in jail.

Lanell Williams, one of his attorneys, said the boy hadn't gotten into any other trouble since being freed on $15,000 bail in June.

"He hasn't had any time to have any problems," Timmerman said.

Theft victim William Utley noticed a shadow go by his window Friday, and he bolted up to see what was going on. Utley talked with a neighbor and learned two people had taken his gas can. Utley said he got on his bicycle and went after the people.

He spotted Roberts and the other teenager walking along the street, and he called deputies.

"I feel bad for the kids," Utley said. "I'm one of those people who wanted to take them to church, not to jail."

Utley said while the theft might feel like a miniscule thing, he realizes that Roberts' arrest "is a big thing for the community right now."

Roberts told deputies the boys were only borrowing the can because they had run out of gas. He said they planned to fill it and return it when they had finished mowing in the neighborhood.

Deputies say Roberts violated conditions of his GPS monitoring by committing theft. Roberts was taken to central booking and charged with "violating the conditions of monitoring," a Hillsborough County Sheriff's Office news release states.

Authorities say Roberts and three other teens bullied a fellow Walker student for weeks in March and April before sexually assaulting him with a broomstick and hockey stick in a locker room at the Odessa school.

Roberts and the others – Lee Louis Myers, 14, Raymond A. Price-Murray, 14, Randall John Moye, 14 – have been charged as adults. Each faces four counts of sexual battery and has pleaded not guilty.

News Channel 8 reporters Jeff Patterson and Kate Caldwell contributed to this report. Reporter Tom Brennan can be reached at (813) 259-7698. Josh Poltilove can be reached at (813) 259-7691.

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