Rape suspect indicted on felony charges
Updated: Thursday, August 28 2014, 07:52 PM EDT
Rochester, N.Y. - 23 year old Michael Caruthers appeared in Rochester City Court Wednesday but his appearance was waived when prosecutors notified the court that a Monroe County Grand Jury had indicted Caruthers on felony charges in the rape of a young girl.
It was an emotional scene outside City Court. Family members of Caruthers were in court to support him but were not happy to see media coverage outside the building. They erupted in anger at photographers and reporters covering the case. Family members told us earlier that Caruthers is innocent until proven guilty.
These latest charges of First Degree Rape and First Degree Sexual Act involve a sexual attack on a 14 year old girl that occurred less than 24 hours after Caruthers was paroled from state prison.
That rape happened near the Liberty Pole downtown Saturday.
He was supposed to check-in at the Salvation Army, where he was to be living post-release, but never made it there.
Police said Caruthers made admissions in the rape cape. Prosecutors said Caruthers grabbed the victim and took her to a secluded area, where she raped. They say the suspect choked and threatened to kill her, if she screamed.
Monroe County District Attorney Sandra Doorley said in her opinion Caruthers should never have been released from prison. She said he should have served the full term of his sentence, which was five years. He served two years and one month in prison.
But Caruthers would have served a much longer sentence, up to 15 years, if convicted of the original charge of Robbery second for crimes he committed in 2011.
The charge was reduced during a bench trial. Court papers and parole documents indicate that Judge John DiMarco concluded that Caruthers was involved in the robbery but wasn’t the one displaying the gun, so he reduced the charge, and then further reduced the prison time with a sentence that was less than the maximum.
Prosecutors said they cannot change what happened but do plan to prosecute Caruthers to the full extent of the law and will seek the maximum penalty if he is convicted. That would put him in prison for up to 50 years.