By Jason A. Smith
A McDonough Police detective testified that a College Park man molested a teenage boy, while the alleged perpetrator was a guest in the victim's home.
Donte Daynard Harvey, 20, of College Park, is charged with aggravated child molestation. He appeared for a preliminary hearing in Magistrate Court Monday, before Judge Robert Godwin.
The case centers on acts Harvey allegedly committed with a 15-year-old boy in late June or early July. McDonough Police Detective Mark Fellows, during the hearing, said police were alerted to the molestation after speaking with the victim's mother.
Fellows said Harvey was staying with the boy's family on Bella Vista Terrace, when the incident occurred.
"While they were downstairs in Mr. Harvey's bedroom, Mr. Harvey penetrated him ...," Fellows said. "Also, [the victim] performed oral sex on Mr. Harvey."
Fellows said he interviewed the child, who claimed to have been molested by Harvey.
The detective said Harvey came to live with the victim's family, after being invited by the boy's mother. Harvey, said Fellows, suffers from apparent "mental problems."
"She met him through a church, and the church asked her to basically show him some guidance," said Fellows. "During that guidance, he apparently threatened to commit suicide."
The detective added that Harvey left a voicemail on the mother's phone, telling the mother he "made a mistake."
"He indicated that he was sorry, he was dirty and unclean, that he would be the one that has to suffer for it, or pay for it, that she had shown him love by taking him into the household, and that he still loved her for doing that," Fellows testified.
Police secured an arrest warrant for Harvey Thursday. He was arrested by a Henry County Sheriff's deputy Friday, according to Capt. Allan Farmer, commander of the Warrants Division of the Sheriff's Office.
In addition to the molestation offense, Harvey was originally charged with enticing a child for indecent purposes.
The victim was given a laptop computer and a debit card, prior to the reported sexual encounter with Harvey, according to Fellows' testimony in court.
"There are some questions about where the laptop came from, and where the debit card came from," Fellows told Harvey's attorney, Jefferson Adams, with the Public Defender's Office.
The detective conceded that police have obtained no evidence indicating the computer and debit card were to be used as payments for sex, or that Harvey influenced the victim to meet him somewhere for sex.
Adams told Judge Godwin police did not have sufficient evidence to justify a case against Harvey, and asked for a dismissal of the molestation and enticement charges.
"They have no physical evidence that the child has been violated," Adams said. "There's certainly no evidence that he was told to come to a location for sex. There's just a random phone call ... from a mentally-ill person. It's certainly not evidence to carry these particular charges."
In response, prosecutor Bill McBroom, of the Solicitor's Office, admitted the enticement charge would likely "fall by the wayside," but continued to argue for the court to pursue the molestation charge.
"With aggravated child molestation, there's been more than enough probable cause ... for that," he said. "You've got the calls along with the outcry of the victim."
Judge Godwin dismissed the enticement charge, and bound the aggravated child molestation count over to Superior Court, where Harvey's bond will be set.