Schenectady man admits forced sex act

PHOTOGRAPHER: Steven Cook

An Albany man admitted Monday to forcing a 15-year-old to perform a sex act on him at knifepoint and cutting a man in separate incidents last year.

The suspect was arrested shortly after the crimes when the teen’s father went to look for the suspect. The father found a man matching the description, then called police to take him into custody.

I. Divine Davis, who was 18 at the time of the crimes, pleaded guilty in Schenectady County Court to one count each of first-degree criminal sexual act and second-degree assault, both felonies. Davis will receive a total of 13 years in state prison at his November sentencing.

Davis first admitted to the knifing of a man on Brandywine Avenue. Davis cut the victim the evening of Oct. 24, 2014, after starting a scuffle. Davis then fled.

Less than an hour later, Davis encountered a 15-year-old boy on McClellan Street and forced the boy to exchange shoes at knife point. Davis then pulled the boy into a driveway and forced him to engage in sexual contact.

Police had the suspect’s description, but as the boy’s family waited to give a formal statement the victim’s father decided to go out on his own to try and find the suspect himself, prosecutor Tracey Brunecz said.

The boy’s father soon found a man matching the description at the Price Chopper on Eastern Parkway and called police. The man, identified as Davis, was still wearing the boy’s shoes, Brunecz said.

“I commend him for his restraint,” Brunecz said after Monday’s plea. “It probably was one of the most difficult things he ever did.”

The crimes began on Brandywine Avenue when Davis approached a car with two men, a woman and a child inside. Davis appeared intent on robbing them, but the men got out and confronted Davis first. A fight ensued and one of the men was cut. They chased Davis but lost sight of him.

Davis encountered the 15-year-old about a half hour later on McClellan Street near Bradley Street. Davis briefly chased the boy, caught up and forced him to switch shoes. The boy was wearing a pair of Nike Air Jordan sneakers.

Davis then forced the boy to perform a sex act on him. Davis indicated he wanted electronics, as well, Brunecz said.

“Under the pretext that the 15-year-old was going back home to an empty house, the 15-year-old actually led Davis to the gathering he had been walking to,” Brunecz said.

The boy told those there that Davis wasn’t a friend and the boy asked for help. Davis fled in the direction of Eastern Avenue, Brunecz said.

Brunecz said prosecutors agreed to offer the 13-year sentence after discussions with both the knife victim and the boy and his family. She said the parents are happy that the plea means their son won’t have to testify at a trial.

The boy has been doing well, Brunecz said, but it has been difficult for him. His mother was in court as Davis pleaded guilty.

Davis is free on bail pending sentencing. He was represented by attorney Holly Trexler. She could not be reached for comment later. Presiding was Judge James Murphy.