By Staff
GRAND RAPIDS -- Cass County Prosecutor Victor Fitz, Lassen County, Calif., District Attorney Robert Burns and U.S. Attorney Margaret M. Chiara for the Western District of Michigan in Grand Rapids last Thursday pronounced a "global resolution" of federal and state criminal charges against Terry Drake.
Drake, 56, of Middlebury, Ind., pleaded guilty to a superseding indictment charging Mann Act and weapons offenses before U.S. District Judge Richard A. Enslen in Kalamazoo.
Drake was convicted June 12 of two counts of transportation of a minor across state lines with the intent to engage in sexual activity, which carries a maximum penalty of 15 years imprisonment; a fine of not more than $250,000; a period of supervised release of three years; and a mandatory $100 special assessment.
Because of the defendant's prior sex offense conviction, involving the kidnapping, rape and murder of an Indiana woman, Linda Kearschner, in 1977, he faces a maximum penalty of 30 years; a fine of not more than $250,000; a period of supervised release of five years; and a mandatory $100 special assessment.
Drake was also convicted of possessing firearms as a convicted felon and of transporting stolen firearms across state lines. Those charges carry a maximum penalty of not more than 10 years imprisonment and/or a maximum fine of $250,000; not more than three years of supervised release; and a mandatory $100 special assessment.
As part of his plea agreement, Drake agreed to imposition of a 25-year prison sentence. He is scheduled to be sentenced Sept. 11 before Enslen in Kalamazoo after completion and review by the district court of a pre-sentence report prepared by the U.S. Probation Office.
In return for his plea to the federal charges and his agreement to a 25-year sentence, state charges in Michigan and California will not be pursued.
Drake faced prosecution in Cass County for solicitation of a minor for criminal sexual conduct and weapons charges.
Burns will dismiss a pending five-count complaint against Drake, including criminal sexual conduct and weapons charges. Drake was represented by Grand Rapids attorney Sharon Turek.
Federal and state charges arose from the disappearance of a 14-year-old girl from her home in Jones in Cass County's Porter Township on March 1, 2003.
Within hours, the Cass County Sheriff's Office determined that Drake, a convicted killer, left with the girl in the early morning hours and was traveling with her across the country.
Sheriff Joseph M. Underwood Jr. sought the help of the Federal Bureau of Investigation (FBI). The Sheriff's Office, Cass County Major Crimes Task Force, the Michigan State Police Computer Crimes Unit and the FBI in St. Joseph, immediately began operating a 24-hour command center.
Their investigation and nationwide law enforcement alerts resulted in sightings in Wyoming, Nevada and California.
Strong media support had a direct impact upon this successful resolution, as widespread publication of this story and photographs of Drake provided leads to the command post.
The National Center for Missing and Exploited Chidlren provided substantial assistance in utilizing its existing networks for posting notification of the missing child.
The FBI and Cass County Sheriff's Office followed all leads in Michigan, Indiana and into the western United States.
In late March, the California Highway Patrol and Lassen County Sheriff's Department received information that the defendant and the girl were camping at a remote site in northern California.
After further investigation and multiple reports of contacts with the defendant by area residents, on March 24 Drake was located and apprehended without incident north of Susanville, Caif.
The minor was returned safely to Cass County.
Burns praised the "fine police work" of the California Highway Patrol, the Lassen County Sheriff's Department and the FBI.
Chiara acknowledged the close working relationship between law enforcement in Cass County, the local offices of the FBI in both Western Michigan and the Sacramento Dvision in California and the local office of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) in Grand Rapids.
As a former elected prosecutor for Cass County, Chiara noted, "I have great admiration and respect for fine law enforcement agencies working in Cass County. This prosecution was so successful because of that cooperative relationship. These local, state and federal agencies worked around the clock to located this young victim of crime. All of our efforts were rewarded with her safe return."
The case also highlighted the need for a nationwide Amber Alert system to coordinate notification between states to recover abducted children.
Count 1
From in or about December 2002, to in or about March 2003, in Cass County, in the Western District of Michigan, Southern Division, and elsewhere, Terry Drake, defendant, knowingly transported an indvidiual known to the grand ury, who was at that time under the age of 18 years, in interstate commerce from Jones, Mich., to the State of Indiana with intent that such individual engage in sexual activity under such circumstances as would constitute a criminal offense in violation of Michigan and Indiana state law. The defendant is a repeat offender with a prior sex offense conviction because his prior felony in the State of Indiana in 1977 involved conduct which would constitute aggravated sexual abuse … if the conduct had occurred within the special maritime and territorial jurisdiction of the United States, to-wit, the kidnapping, rape and murder of an Indiana resident.
Count 2
From on or about March 1, 2003, to on or about March 24, 2003, in Cass County, in the Western District of Michigan, Southern Division, and elsehwere, Terry Drake, the defendant, knowingly transported an individual known to the grand jury, who was at that time under the age of 18 years, in interstate commerce from Jones, Mich., to the State of California, with intent that such individual engage in sexual activity under such circumstances as would constitute aggravated sexual abuse … if the conduct had occurred within the special maritime and territorial jurisdiction of the United States, to-wit, the kidnapping, rape and murder of an Indiana resident.
Count 3
From in or about December 2002, to on or about March 1, 2003, in Cass County, in the Western District of Michigan, Southern Division and elsewhere, Terry Drake, defendant, using a facility or means of interestate commerce, to wit: the Internet, knowingly persuaded, induced, enticed or coerced an individual known to the grand jury, who was at that time under the age of 18 years, to engage in sexual activity under such circumstances as would constitute a criminal offense in violation of Michigan and Indiana state law.
Count 4
On or about December 2002, to in or about March 2003, in Cass County in the Western District of Michigan, Southern Division, the defendant, Terry Drake, having been convicted of a crime punishable by imprisonment for a term exceeding one year under the laws of the State of Indiana, did knowingly possess, in and affecting commerce, one or more of the following firearms:
1. .380 ACP caliber, semiautomatic Bersa pistol, Model Series 95.
2. .22 LR caliber, semiautomatic Sturm, Ruger and Co. pistol, model Mark II target.
3. .22 LR caliber, semiautomatic Sturm, Ruger and Co. rifle, model 10/22 Carbine.
4. .30 caliber, semiautomatic Winchester rifle, model M1 Carbine.
5. .22 Winchester Magnum caliber, bolt action, model 882.
6. .357 Magnum caliber revolver, manufactured by Dan Wesson.
7. 9mm caliber, semiatomatic Glock pistol, model 17.
8. .45 ACP caliber, semiautomatic Sig Sauer pistol, model P220.
9..22 caliber, semiautomatic Sturm, Ruger and Co. rifle, model 10/22.
Count 5
On or about March 1, 2003, to on or about March 24, 2003, in the Western District of Michigan, Southern Division, and elsewhere, the defendant, Terry Drake, knowing or having reasonable cause to believe that the firearms were stolen did knowingly and unlawfully transport in interstate commerce, one or more of the following stolen firearms:
1. 30 caliber, semiautomatic Winchester rifle, model M1 Carbine.
2. 22 Winchester Magnum caliber, bolt action, model 882.
3. .357 Magnum caliber revolver, manufactured by Dan Wesson.
4. 9mm calbier semiautomatic Glock pistol, model 17.
5. .45 ACP caliber, semiautomatic Sig Sauer pistol, model P220.
6. .22 caliber, semiautomatic Sturm, Ruger and Co. rifle, model 10/22.