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Posted on Fri, Jul 16, 2010 : 5:49 p.m.

Paroled burglar accused of having sex with underage girl in Pittsfield Township

By Lee Higgins

A convicted burglar on parole is accused of having sex with an underage girl in Pittsfield Township over a period of at least several months, township police said.

David Franklin Sears, 29, is charged with three counts of first-degree criminal sexual conduct, child sexually abusive activity and possession of child sexually abusive material, Washtenaw County court records show.

David_Sears.jpg

David Sears

He was arraigned Thursday at the Washtenaw County Jail, where he is being held on $300,000 bond.

The investigation began Tuesday when the 14-year-old girl’s family members learned of the relationship and called police, Lt. Sean McCormick said. In Michigan, the legal age of consent is 16.

Investigators arrested Sears at his Pittsfield Township home on Tuesday and executed a search warrant, seizing a computer and other items, McCormick said.

Detectives recovered a video that confirmed Sears and the girl were having a relationship, said McCormick, who would not be more specific.

Department of Corrections records show Sears was paroled on Jan. 23, 2007 after being convicted in 2001 of first-degree home invasion in Wayne County and second-degree home invasion in Washtenaw County. In the Wayne County case, he was sentenced to a minimum of six years and maximum of 20 years in prison.

He also has convictions for larceny in a building, stealing a financial transaction device, third-degree home invasion and breaking and entering, records show.

Sears is scheduled to return to court on July 22 for a preliminary hearing.

Lee Higgins covers crime and courts for AnnArbor.com. He can be reached by phone at (734) 623-2527 and email at leehiggins@annarbor.com.

Comments

redblue

Wed, Jul 21, 2010 : 1:43 a.m.

That's exactly what I was thinking Bob.

Basic Bob

Sun, Jul 18, 2010 : 11:40 a.m.

It seems he is accused of having sex with a 14-year old and recording it. That would meet the requirements of 750.520b(1)(c).

Fat Bill

Sun, Jul 18, 2010 : 9:36 a.m.

750.520b. First degree criminal sexual conduct Sec. 520b. (1) A person is guilty of criminal sexual conduct in the first degree if he or she engages in sexual penetration with another person and if any of the following circumstances exist: (a) That other person is under 13 years of age. (b) That other person is at least 13 but less than 16 years of age and any of the following: (I) The actor is a member of the same household of the victim. (ii) The actor is related to the victim by blood or affinity to the fourth degree. (iii) The actor is in a position of authority over the victim and used this authority to coerce the victim to submit. (c) Sexual penetration occurs under circumstances involving the commission of any other felony. (d) The actor is aided or abetted by 1 or more other persons and either of the following circumstances exists: (I) The actor knows or has reason to know that the victim is mentally incapable, mentally incapacitated, or physically helpless. (ii) The actor uses force or coercion to accomplish the sexual penetration. Force or coercion includes but is not limited to any of the circumstances listed in subdivision (f) (I) to (v). (e) The actor is armed with a weapon or any article used or fashioned in a manner to lead the victim to reasonably believe it to be a weapon. (f) The actor causes personal injury to the victim and force or coercion is used to accomplish sexual penetration. Force or coercion includes but is not limited to any of the following circumstances: (I) When the actor overcomes the victim through the actual application of physical force or physical violence. (ii) When the actor coerces the victim to submit by threatening to use force or violence on the victim, and the victim believes that the actor has the present ability to execute these threats. (iii) When the actor coerces the victim to submit by threatening to retaliate in the future against the victim, or any other person, and the victim believes that the actor has the ability to execute this threat. As used in this subdivision, to retaliate includes threats of physical punishment, kidnapping, or extortion. (iv) When the actor engages in the medical treatment or examination of the victim in a manner or for the purposes which are medically recognized as unethical or unacceptable. (v) When the actor, through concealment or by the element of suprise, is able to overcome the victim. (g) The actor causes personal injury to the victim, and the actor knows or has reason to know that the victim is mentally incapable, mentally incapacitated, or physically helpless. (h) That other person is mentally incapable, mentally disabled, mentally incapacitated, or physically helpless, and any of the following: (I) The actor is related to the victim by blood or affinity to the fourth degree. (ii) The actor is in a position of authority over the victim and used this authority to coerce the victim to submit. (2) Criminal sexual conduct in the first degree is a felony punishable by imprisonment in the state prison for life or for any term of years. As you can see chapmaja, there are more than a few ways to be charged with CSC 1st degree...

chapmaja

Sat, Jul 17, 2010 : 8:21 p.m.

I think there are some items (other than the victims name and that type personal info) that is not being presented. Something doesn't make sense with the charges that have been filed in this case. There are only a few ways he is charged with first degree CSC. I would love to know how that charge given, rather than 2nd or 3rd degree CSC. As for the idea of printing his address. I am very much against that for multiple reasons. First, he has not been convicted of anything regarding this case yet. Until he is convicted, by the laws of the United States of America he is innocent of these charges. Second, it is possible that printing his address could in fact lead to the identification of the victim in this case. Finally, there are enough wackos out there that someone could attempt to inflict their own justice on him, which does nothing to help the good of society.

clara

Sat, Jul 17, 2010 : 9:36 a.m.

Well, I have to ask, is he a graduate of the Michigan Prisoner Reentry Program?

Dave66

Sat, Jul 17, 2010 : 5:28 a.m.

@Craig for taking the early lead in the "Best Comment" race!

michiganpoorboy

Sat, Jul 17, 2010 : 1:05 a.m.

This wimp messing with baby's needs to get the needle.

Craig Lounsbury

Fri, Jul 16, 2010 : 6:57 p.m.

I believe his current address is the "Hogback Hilton" on the North east corner of Washtenaw and Hogback/Carpenter.

InsideTheHall

Fri, Jul 16, 2010 : 5:53 p.m.

Give us the address of this thug so the neighbors are aware who is in the hood.