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Teen in rape case freed

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By TOM BRENNAN

tbrennan@tampatrib.com

Published: October 28, 2009

TAMPA - A former Walker Middle School student charged with petty theft while out on bail in a rape case will be freed from jail.

Diemante Roberts, 15, said he learned his lesson.

Hillsborough Circuit Judge Wayne S. Timmerman on Tuesday granted Roberts' request but admonished the teen and his mother about the consequence of another misstep - immediate incarceration without any hope of bail.

"It that clear to you?" Timmerman asked Roberts.

"Yes, sir," Roberts replied.

Roberts and Lee Louis Myers, Raymond A. Price-Murray and Randall John Moye, all 14, are charged with four counts each of sexual battery. They are charged as adults.

The four teens have pleaded not guilty and were released on bail.

Authorities say they bullied another Walker Middle student for weeks in March and April before sexually assaulting their flag football teammate with a broomstick and hockey stick in a locker room at the Odessa school.

Lawyers in the case told Timmerman that trial preparations are moving along, if somewhat slowly. They said they have begun taking depositions of other members of the flag football team.
Assistant State Attorney Kimberly Hindman said some parents have been reluctant about scheduling depositions. Timmerman told her to remind them a subpoena isn't an invitation and to enforce the subpoenas.

Timmerman set another status conference for Jan. 14.

The lawyers also said they are awaiting DNA evidence on items taken from the locker room.

In August, Roberts was arrested on a petty theft charge, accused of stealing a 5-gallon gas can with another boy.

He has pleaded guilty and is awaiting sentencing.

His attorney, Lannell Williams, told Timmerman she expects Roberts to have to perform community service as part of his misdemeanor sentence. Timmerman opposed that, and asked Williams to have the sentencing judge call him to work something out.

"I want to keep him under my thumb and out of trouble," he said.

Timmerman ordered Roberts to wear an ankle monitor and said the teen can only leave the house when accompanied by his mother.

Timmerman said he was frustrated because he imposed similar conditions when granting bail on the sexual battery charges.

"I recall pointing my finger at each defendant," he said. "Then he goes right out and does something stupid."

Timmerman told Roberts' mother to keep him on a tight leash.

"If he gets rambunctious, you better rein him in," he said.

Reporter Tom Brennan can be reached at (813) 259-7698.

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