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Former cop faces kidnapping, rape charges

By Curt Yeomans

cyeomans@news-daily.com

A Clayton County grand jury indicted a former Forest Park Police officer on a total of 10 criminal charges, including kidnapping, false imprisonment, in connection with the alleged rape of a woman in the back seat of his police cruiser.

Kenneth Andrew Schmidt, 39, a resident of Senoia, was indicted Wednesday on charges of rape, sodomy, aggravated sodomy, sexual assault against a person in custody, aggravated assault, kidnapping, false imprisonment, violating his oath as a public officer, and two counts of sexual battery.

If convicted, Schmidt could spend years in jail.

John Turner, executive assistant district attorney, said convictions for rape, kidnapping and aggravated assault each carry sentences of one to 20 years. He added that sexual battery carries a sentence of one to 12 years, and violation of oath by a public officer can result in a sentence of one to five years.

Turner, who was not involved in the indictment of Schmidt, said lesser charges are sometimes merged into more severe charges. This could result in the sexual assault charges being merged into the aggravated assault charge, or the rape charge, he added.

"If you take just the rape and kidnapping charges, that's 40 years right there, so you're looking at roughly 60-70 years in prison," said Turner.

The incident for which Schmidt was indicted occurred in April, when the then-policeman allegedly offered to drive the woman -- who is not named because of the nature of the alleged crime -- home after he gave her a traffic citation, and had her car towed.

According to the state warrant application filed in Clayton County Magistrate Court in April, the alleged crimes took place in a deserted shopping plaza located at 5971 Ash St., in Forest Park.

"She was locked in the rear of the vehicle and under his control," when the alleged crimes took place, according to the warrant.

The grand jury said Schmidt allegedly "did steal away [the victim], without lawful authority and hold said person against her will." Schmidt also allegedly "did arrest, confine and detain [the victim], without legal authority, in violation of said victim's personal liberty," in the indictment dealing with false imprisonment.

The grand jury also decided the former cop allegedly "did have carnal knowledge of [the victim], a female, forcibly and against her will," in the indictment for rape.

Schmidt was terminated from his job following a Forest Park Police Department investigation in April.

The former police officer was not the only person indicted for sex crimes on Wednesday. Two other men were indicted in separate cases. Like the victim in the Schmidt case, the victims in the other cases are not being named because of the nature of the alleged crimes.

Robert Todd Dunn, of Forest Park, was indicted for rape, incest and aggravated sexual battery.

Todd, 37, allegedly had sexual intercourse "between the first day of November 2007, and the 31st day of December 2007," with a female relative who was 17 at the time.

However, the female's relationship with Dunn is not clear in the indictment. At one point in the document, Dunn and the victim are "related by blood," but another section of the indictment identifies the female as apparently related by marriage. According to the warrant application, the victim reported the incident to her mother on Dec. 27, 2007.

The third person indicted for a sexual crime is Nicholas Kenneth Walker, 18. He was indicted on two counts of child molestation, and two counts of enticing a child for indecent purposes.

The crime involved a then-10-year old female. According to the indictment, the alleged crime took place in June in a vacant room in a building located at 7651 Tara Boulevard, in Jonesboro.

According to a probable cause affidavit obtained from Clayton County Magistrate Court, Walker allegedly contacted the victim "by asking her if she wanted to play basketball and she agreed." The affidavit continues, "[the] offender then asked the victim to come into a room and the victim did." From there, the affidavit said Walker allegedly asked the little girl to "come over to him," and she complied with his request. "The offender then told the victim to take her panties off... "The victim said 'No,' and ran out of the room."

In the indictment, the grand jury determined that Walker allegedly "did attempt to pull the shorts off of [the victim] ... with the intent to satisfy the sexual desires of said accused."