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Bulletin: Porter guilty in rape of mother, other charges



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By: Lisa Marchesoni
Posted: Wednesday, May 13, 2009 1:03 pm
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Jurors found a defendant guilty of aggravated rape, aggravated kidnapping, burglary and conspiracy after deliberating one hour Thursday morning.

Defendant Elgene Porter, 37, of Bradyville Pike faces a sentence ranging between 15-66 years in prison.

His sentencing hearing was set for June 20.

More details later.

Wednesday report on the trial follows:

EDITOR’S NOTE: This story may be disturbing to some readers.

A defendant on trial for rape admitted performing one sexual act on a mother inside her home during videotaped interviews with Smyrna detectives.

Elgene Porter, 37, of 1442 Bradyville Pike described how a man named “Von” convinced him and his twin brother, Eugene, and a man named “Dan” to enter the Smyrna home for a robbery. The mother’s husband was a professional gambler at the time.

The mother testified Tuesday three men pointed guns at her, raped her and robbed her home when her husband was gone the night of Nov. 22, 2006. Her 2-1/2-year-old daughter was on the bed but the mother did not believe she saw the sexual acts.

Jurors heard closing arguments Wednesday afternoon. They are scheduled to begin deliberations Thursday morning.

Detectives John Liehr and Jeff Peach questioned Porter during two interviews played for Circuit Court Judge Don Ash and a jury trying him on charges of rape, robbery, burglary, kidnapping, animal cruelty and conspiracy.

During the first interview, Porter described how he and his brother, Von, Dan and a woman Danielle plan the robbery, buy ski masks at Wal-Mart and enter the home. He denies carrying a gun. He denied seeing the mother and touching her.

Von bragged about beating the dog.

Later, Porter admits touching the mother’s breast. He denied any other sexual act.

In the second tape, Porter again denied performing a sexual act on the woman.

“I touched her with my hands,” Porter said. “I didn’t touch her with my penis.”

Later in the same interview, he admitted inserting his finger inside “her vagina.”

Porter told the detectives he felt what they did was wrong.

“It’s just not cool man, it’s really not,” Porter said.

Veterinarian Abby Yelten, who treated the injured dog, testified Scamper suffered blunt trauma to the left side of his face, bleeding from his eye, a cut and swelling on his cheek and swelling on the top of his head.

Assistant District Attorney Paul Newman asked her to describe the injury.

“Severe blunt trauma to a 15-pound dog has the potential to be life-threatening but in his case was not,” Yelten said.

Tennessee Bureau of Investigation Agent Donna Nelson, who compared swabs taken from the victim to Porter testified she didn’t find any evidence linking them.

TBI Agent Jennifer Shipman, who tested DNA, said identical twins have the same DNA. She matched the brothers’ DNA on a ski mask found near the home.

Porter declined to testify in the case and offered no defense.

In closing arguments, Newman showed the jury pictures of the mother, her daughter and the injured dog.

"Give all three of these justice," Newman told jurors. "Give Mr. Porter justice. You do both by finding him guilty of the charges he committed."

Assistant Public Defender Rusty Perkins said Porter was not responsible for the actions of the men with him.

Perkins reminded jurors the victim could not identify Porter as the man who raped and kidnapped her. Also, he said the detectives suggested to Porter how he should confess to the crimes.

"I'm asking you to judge this case fairly," Perkins said. "There is a rest of the story."

District Attorney William Whitesell compared the conspiracy to a football team. When one is penalized, the whole team is penalized.

"Find Mr. Porter guilty as charged," Whitesell said.
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Tags: Elgene Porter, kidnapping, rape, Smyrna Police
Member Opinions:
By: emw247 on 5/13/09
I say chop "it" off and let them bleed to death!!!!! That is a just punishment.

By: ALP on 5/13/09
Porter described how he and his brother, Von, Dan and a woman Danielle plan the robbery, where is the danielle girl at? what happen to her?

By: barrettbear on 5/13/09
Maybe these guys will get a returned favor when they get to where they are going for a while.

By: strateflush on 5/14/09
In open court and in this article there is an individual named VON that was there and instigated the entire affair. Why is he not charged with anything and why is he walking around freely in our community. This is the truly a dangerous man and needs to be locked up in addition to his henchmen.


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