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Iowa Supreme Court upholds Cedar Rapids man's kidnapping conviction as sexual offense
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Nov. 14, 2014 12:14 pm
By Trish Mehaffey, The Gazette
The Iowa Supreme Court has upheld a Cedar Rapids man's kidnapping conviction in 2011 as a 'sexually predatory offense,” which allows for an enhanced sentencing penalty.
Jabari Walker, 32, asked the court for further review after the Iowa Court of Appeals in March ruled his 10-year sentence for third-degree kidnapping met the enhancement criteria, which would result in more prison time.
The court concluded that the confinement or removal of a victim, along with the attempt of the act would be considered attempted sexual abuse, under the law. The attempt to commit sexual abuse was inherent in the jury's guilty verdict, according to the ruling.
The court didn't decide whether Walker's Ohio conviction qualifies as a prior conviction for a sexually predatory offense, which the state planned to offer at sentencing. That issue, along with sentencing, will go back to the district court to decide.
Linn County Attorney Jerry Vander Sanden said Friday Walker could face 25 years with penalty enhancement and he would have to serve a mandatory 22 years before being eligible for parole.
According to trial testimony, Walker drove a 42-year-old woman against her will to an abandoned farmhouse on Alburnett Road in May 2011 and sexually assaulted her.
Walker was convicted by a jury in August 2012, but his initial sentencing was delayed because after the verdict was read he was led out of the courtroom in handcuffs by deputies, and as he made his way to the railing, he tried to jump over it. Deputies quickly reacted and pulled him back to safety. While he was in jail, Walker quit eating, lost 65 pounds and went into a catatonic state, according to court records. A psychological evaluation was conducted, which found him competent.
Jabari Walker