A 42-year prison sentence was imposed Monday against a defendant convicted of raping a mother with her 2-1/2-year-old daughter nearby.
Defendant Elgene Porter, 32, of Bradyville Pike was convicted in May of aggravated rape of the mother, aggravated kidnapping of the mother and child, attempted aggravated robbery, burglary of their home and conspiracy.
Porter, his twin brother, Eugene, and a man known only as “Von” broke into the Smyrna mother’s house Nov. 22, 2006, held her at gunpoint and bound her with duct tape. The mother, who is in her mid-20s, and daughter huddled together and sang “Jesus Loves Me,” while the three armed men robbed the family during a three-hour ordeal.
During the trial, the mother identified Elgene Porter from the clothes he wore and his skin, saying he was a black male. Also, Porter admitted having sexual contact with the mother during a taped interview with Smyrna Police Detectives Jeff Peach and John Liehr that was played for jurors.
Under a negotiated plea, Porter’s twin brother, Eugene, pleaded guilty earlier Monday to aggravated kidnapping, aggravated robbery and conspiracy to commit aggravated burglary. As part of the plea, he agreed to testify against any co-defendants. He was sentenced to eight years in prison at 100 percent.
Eugene Porter dropped his head when Circuit Court Judge Don Ash imposed the 42-year sentence against his brother. Elgene Porter was sentenced to serve his sentence at 100 percent.
During the sentencing hearing, their mother, Rose Collier, 63, of Bradyville Pike, apologized to the victim and begged Ash for mercy.
“I’m just asking Judge Ash not to take away my child for the rest of my life,” Collier said.
Porter, who did not offer any defense at trial, said he confessed to the Smyrna detectives because he didn’t understand and was scared and tired. He apologized to the court, the district attorney’s and the victim.
He repeatedly denied touching the mother and raping her.
“Please forgive me,” he said as he addressed Ash.
Ash replied, “This is not a popularity contest.”
Assistant Public Defender Rusty Perkins, who represents Porter, asked his client to describe his role.
“I went in but I didn’t touch her,” Porter said.
Assistant District Attorney Paul Newman questioned Porter about a man named “Dan” he told detectives accompanied the three to the victim’s home.
“Does Dan even exist?” Newman asked.
“No sir,” Porter replied.
Porter blamed “Von,” an Asian man, for raping the mother.
Newman reviewed Porter’s criminal history, noting he had 17 prior convictions, not including the six convictions from the trial.
“I never raped anybody,” Porter said.
During arguments, Newman asked for a consecutive sentence based on the evidence at trial.
“This was one of the most heinous crimes this community had to suffer,” Newman said, noting the mother was raped with her child nearby. Also, he noted Porter took no responsibility for his actions.
Perkins said most of Porter’s criminal history involved driving offenses and non-violent crimes. However, Porter was on probation when the rape occurred. He asked for the minimum sentence.
Ash extended the sentence based on the crime involving more than one victim, the vulnerable age of the child, the exceptional cruelty in the case and the crime to gratify Porter’s pleasure.
Perkins said he intends to file a motion for a new trial.
Ash scheduled another trial in November for Porter who is charged with aggravated rape of another woman.
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