PB man convicted of sex crimes involving teen

A Butler County jury deliberated more than five hours Friday in convicting a Poplar Bluff man of raping and sodomizing a teenager over a nearly two-year period.

The six-women, six-men jury began its deliberations at 9:40 a.m. in the trial of Robert Allen Chavez after hearing closing arguments from Butler County Prosecuting Attorney Kacey Proctor and Chavez’s attorney, Daren Todd.

The jury returned its verdict at about 3 p.m., convicting the 47-year-old of the unclassified felonies of first-degree statutory sodomy and first-degree statutory rape and the Class C felony of second-degree statutory rape.

The jury also acquitted Chavez of an additional six counts — four unclassified felonies of first-degree statutory sodomy, the Class B felony of first-degree child molestation and the Class C felony of second-degree rape.

The victim, who was 13 when the abuse began in 2012 and 15 when it ended in 2014, was “very happy with the outcome and is relieved that she can put this behind her,” Proctor said.

Since Chavez waived jury sentencing, Presiding Circuit Judge Michael Pritchett ordered a sentencing assessment report be completed by Probation and Parole. Sentencing is set for 3 p.m. April 3.

At that time, Chavez faces up to life imprisonment, which is computed at 30 years.

During the trial, the state, Proctor said, presented testimony from multiple witnesses, including law enforcement personnel and the victim, before it rested its case at noon Thursday.

Proctor said the highlights of state’s case included the thorough investigation conducted by now retired investigator Tim Davis with the Butler County Sheriff’s Department.

Davis, he said, testified about the statement he took from the victim, as well as Chavez.

“He questioned several other witnesses and took the victim’s cellphone into evidence and had it analyzed at the Poplar Bluff Police Department by (now retired) Detective Greg Brainard, a computer forensic expert,” Proctor said.

Davis also reportedly testified about his processing of the victim’s bedroom for evidence.

“The sexual abuse began in October 2012 at the defendant’s house and then later would take place at the victim’s house,” Proctor said.

Davis also testified he had “examined the forensic interview report and video, as well as the SAFE exam (completed on the victim) and testified that the SAFE exam showed the victim exhibited signs of sexual abuse,” Proctor said.

Brainard, he said, also testified as to the forensic analysis of the victim’s cellphone and how he recovered several months worth of messages between the victim and Chavez.

“With the victim on the stand, the jury got to see the content of the messages, which (included) times to meet at the victim’s house, as well as discussions about taking a pregnancy test,” Proctor said.

During the victim’s testimony, Proctor said, the jurors were able to see “there was a code word between the victim and the defendant that meant the defendant wanted to discuss sex. The jury got to see that code word in the messages.”

Proctor said the victim recounted “numerous specific incidents beginning in October 2012 and ending in June 2014.”

The state also called Dr. Amber Richardson a psychologist, to testify. She testified to diagnosing the victim with post-traumatic stress disorder as a result of the sexual abuse.

Also testifying for the state was Butler County Capt. Charlie Phelps.

“He testified to a recorded phone call between the defendant (from the county jail) to his wife, and the jury got to hear that phone call, where the defendant told his wife he would plead guilty to fondling,” Proctor said.

The call reportedly was made in early 2019. Chavez was arrested in April and remains incarcerated in the Butler County jail.

The defense reportedly called two witnesses — Chavez and his wife.

“The defendant did not admit to the sexual abuse,” Proctor said.

In his closing argument, Todd told the jury his client answered no to every question asked about whether he had “sexual relations” with the victim.

Todd said there was “no proof his client did it, none, zero.”

There is no physical evidence, Todd said.

“What this case comes down to is who do you believe,” said Todd.

The victim, Todd said, was infatuated with Chavez, and there was “some kind of weird love there” on the victim’s part.

In his rebuttal, Proctor said, Chavez did “every single thing he’s charged with and then some.

“The victim is sitting there. That’s all the proof you need.”

Chavez’s testimony was that he did “not have sexual relations with that woman,” Proctor said. “She was a child. … He minimized everything.”

Proctor argued the victim told the jury details that were extremely imitate.

If what the victim was saying wasn’t true, then why would Chavez buy her a pregnancy test, Proctor said.

Chavez, he said, told the victim she couldn’t come to his house any more because “it did happen. That’s why he went to her house.”

Proctor also told the jury neither the “defendant nor his wife were going to admit to anything.”

Chavez originally was charged with 11 felonies when the trial began on Wednesday,

After the defense rested its case Thursday and during the subsequent instruction conference, Proctor said, he dismissed two counts — an unclassified felony of first-degree statutory sodomy and the Class C felony of second-degree rape.

Proctor expressed his appreciation to the jurors for their service on the case and to the sheriff’s department for conducting a thorough investigation and police department’s cyber crimes unit for its work on the case.

“I want to thank the victim for being courageous enough to take the stand and confront the person who abused her,” Proctor said.