CLEARFIELD – For months the 814 Pred Hunters group has been busy setting up decoy teen profiles to catch potential child predators in the area with some success, but a recent legal opinion led to the dismissal of two cases and their methods are being questioned in another.
At least 17 cases have been filed in Clearfield County in response to information the group provided to local law enforcement since September.
The charges in each case have widely varied depending on the extent of the communications with the decoy.
One attorney, Robbie Taylor, filed motions in April in the case against Cody Fye of Weedville, with specific accusations against the group.
In a previous interview, 814 Pred Hunters explained the decoys have profiles on dating apps with photos of actual women who are aged down to look like teens, rather than use photos of actual young girls.
The messages from various men come in “non-stop” on several dating apps with various profiles worked by the members.
Background checks and other research are done about the men so they have an idea with whom they are dealing, they said.
Before they set up a meeting, they review the evidence to be sure they can be prosecuted.
A meeting is then set up with the men who believe they are going to see the teen they have been messaging.
Instead, the group confronts the potential offender during a live stream on their Facebook page. Police are then called and presented with a binder with copies of the messages and any photos exchanged, they explained.
Taylor claimed the group began communicating with his client on an adult only application before moving to other social media and texts. None of the records of this original contact as well as recording of phone calls were saved, he said in his motion.
Fye is facing more serious charges of involuntary deviate sexual intercourse, aggravated indecent assault and indecent assault of person less than 16-years-old, in addition to the ones dismissed in the case against Matthew Uncles of Clearfield.
Taylor states that the decoy “would flirt with the defendant trying to get defendant to meet up,” instead of the defendant being the one pursuing the decoy.
“It is averred that the conduct of 814 Pred Hunters is so outrageous that there is no question entrapment occurred, and it is a matter of law for the court to decide.”
He referred to their tactics as “not only unconventional but unprofessional and potentially dangerous.” He also claims the decoys encourage and provoke discussions about sex.
Further he accuses the group of posting photos of his client with his child and his personal information on Facebook and other social media venues.
“814 Pred Hunters is selling evidence to their members and monetizing from the sensational nature of their vigilante justice,” it says in the court paperwork.
Taylor questions their relationship with local law enforcement since in this case, the officer did not question the defendant after receiving information from the group.
“Law enforcement did not investigate as an independent agency,” the motion states.
“Officer testified that upon his arrival at the scene, he only spoke with Brian Knepp of 814 Pred Hunters for about five minutes and did not read any of the information provided to him by Knepp; that was all that he needed to make an arrest.”
Taylor asks for the charges to be dismissed.
A hearing to discuss the motion was held on Friday, July 7, but no testimony was given by members of the group who were in the courtroom, and Judge Paul Cherry ordered briefs to be filed on these issues before July 24.
One of the two cases dismissed this week was against Gene William Robbins, 43, of Woodland, who was facing felony criminal use of communication device charges. His trial was cancelled, according to District Attorney Ryan Sayers, because of a ruling made on July 7 in another one of the predator cases.
In that case against Mathew Uncles of Clearfield, Clearfield County President Judge Fredric J. Ammerman issued an opinion and order that “the Unlawful Contact with Minors statute explicitly outlines who can be a victim and who can pose as a would-be victim.
“Specifically, a victim includes actual minors or a law enforcement officer operating within the scope of his/her official duties posing as a minor, for the purpose of committing any of the sex-related offenses.”
“The General Assembly specifically chose the language of the Unlawful Contact with Minors statute; if the General Assembly intended to criminalize communicating with vigilantes (i.e. non-law enforcement individuals) posing as minors, then the statute would, in its plain language, express that intent.”
The opinion goes on to address the additional charge of corruption of minors.
“The corruption of minors statute has been amended three times with the last time being in 2010. At no point, did the General Assembly amend the statute to include law enforcement officers, let alone adult civilians as conditionally protected parties.
“From the General Assembly’s silence on expanding the statute to include adult civilians, the Court does not find it appropriate to expand its interpretation of the stature beyond the plain language of the statute, which correlates to the General’s Assembly’s intent.”
Uncles’ last charge, criminal use of communication facility requires the use of a device, in this case a cell phone, be used to commit a crime graded as a felony. Without the other charges, this was also dismissed.
Prior to the ruling, three cases had already made their way through the system with the defendants getting time-served sentences on one count of criminal attempt-corruption of minors.
On Monday, Edwin Gomez-Lamadrid, from Barranguilla, Columbia, was sentenced to serve three months to two years in state prison for misdemeanor solicitation/indecent assault. It was noted that he is an illegal immigrant wanted by authorities.
Plea agreements have been reached with four other defendants and six others are pending.