A Kenosha man will serve 16 years in prison for charges of attempted and committed sexual assault and child enticement.
Jonathan Davis, 29, was sentenced Monday in Judge Jason Rossell’s courtroom on charges of attempted first-degree child sexual assault-sexual contact with a person under the age of 13, first-degree child sexual assault-contact with a person under the age of 16 involving use/threat of force/violence, and child enticement-sexual contact, all felonies.
He had previously pled no contest to the charges in November 2018 and was found guilty by the court.
Under a plea agreement, additional counts of false imprisonment, first-degree child sexual assault and child enticement-sexual contact were dismissed in the case.
According to the criminal complaint, Davis had made or attempted to make sexual contact with two girls sharing a residence with him on the 4300 block of Sheridan Road.
Between July 1, 2015 and Feb. 27, 2016, Davis had a then 10-year-old girl get into her mother’s bed at the residence and then grabbed her and tried to move her toward him. However, after the girl repeatedly refused, he “told her not to tell her mother about him getting her into the bedroom.”
Between Dec. 1, 2015, and Dec. 24, 2015, Davis touched the breasts and buttocks of a 13-year-old girl at the residence, before telling her to touch his penis, according to the complaint.
The child enticement charge stems from an incident on July 22, 2015, where Davis told a then-12-year-old friend of one of the girls living at the residence that “he would give her $50 if she would go into a nearby alley with him” and perform oral sex on him. After the girl refused, Davis stated, “Then you don’t get $50,” the complaint states.
Denied victims’ claims
When police investigated the incident in July 2015, Davis denied the then-allegations and claimed that the girl “got mad when she was told that she could not go to the lake with her friend’s family.”
In court Monday, Assistant District Attorney Thomas Binger asked Rossell to sentence Davis to a prison term of up to 10 years, citing Davis’ lack of taking responsibility or showing remorse for his actions, Davis had stated that the victims were “confused” or there was a “misunderstanding” when speaking to the pre-sentence investigator.
“This lack of remorse … is obviously a red flag,” Binger said.
Binger also highlighted Davis’ previous criminal history in the states of Minnesota and Mississippi, including a sexual assault charge in 2007 that was later dropped at the request of the victim after she was threatened by multiple people over her claim.
Binger told the court that, in his point of view, anyone who perpetrates a sexual crime has “a long road” to turning things around.
“This type of immoral behavior is likely to continue” even after probation or supervision, he said.
Binger added that, with his continued denial of the sexual assault and enticement of his victims, he has not even taken the first step in that recovery and rehabilitation.
“This defendant is not there,” Binger said. “He is not even close to being there.”
Davis’ attorney Aileen Henry delved into Davis’ background, painting the picture of a very hard life.
She stated that Davis grew up in a dysfunctional home; was sexually assaulted at 3 years old; started using drugs at 9 years old; was first arrested at 13 years old; and his mother died when he was 16 years old.
“I’m not sure what chance he had … (to get the) tools to become a productive member of society,” she said.
Concerning his lack of remorse, Davis stated that “sometimes we don’t see remorse until they enter treatment.”
She also acknowledged that Davis had stated he took the plea agreement and pled no contest to the charges as a “strategic move” to get limited prison time. However, she agreed with the state that confinement was appropriate.
“I think he has several needs that can be addressed in a confined setting,” she said.
In speaking on his own behalf, Davis called the 18 months he’s spent in jail during the case “the best time of my life” because he’s been clean and sober. However he, again, denied committing the sexual assault and child enticement.
“I’m not a bad person at all. I had an addiction problem,” he said, adding that he was sorry for what he states he did do, including walking around the residence he shared with two of the victims without a shirt on.
“I will take treatment, whatever it takes to help me,” he told Rossell.
Only thing worse is homicide: judge
Rossell outlined the seriousness of the child sex assault charges, class B felonies, before pronouncing his sentence, stating that “the only thing more serious in our system right now is homicide,” adding that the crimes have “lifetime implications” for the victims.
Rossell sentenced Davis to 8 years of initial confinement and 10 years of extended supervision for both child sexual assault charges, to be served consecutive to one another. On the charge of child enticement, he sentenced Davis to 5 years initial confinement and 5 years extended supervision, to run concurrent with the child sexual assault sentences.
Davis will be a lifetime registrant on the sex offender registry and will not be allowed to have contact with children he is not related to upon completion of his sentence.