JACKSONVILLE, Fla. – Cellphone video has been obtained of an incident involving three Terry Parker High School students accused of luring a female student into the field house and sexually assaulting her last Thursday, according to a Jacksonville Sheriff's Office report.
The victim, who is identified as a girl between the ages 12 and 16, said one of the suspects approached her after lunch and invited her to the field house between the football stadium and baseball diamond. A second, then a third suspect joined them on the way. Once inside, she said one of the boys began to touch her and said "get ready," then all three of them forced her to perform sex acts.
The girl told a teacher immediately after the assault, and that woman called the principal and school board police. The victim was given a forensic medical examination.
Police detained Nicholas Evans, 18, and Nicholas Oliver, 17, at the school on Thursday. The third suspect, Lavell Benjamin, had already left for the day and could not be located.
Evans and Oliver were booked Thursday on charges of lewd and lascivious battery and encouraging a person under 16 to engage in sexual activity.
Benjamin, 19, came in for questioning Monday, accompanied by his mother and a lawyer. He was questioned, then arrested.
According to the arrest report, Evans filmed the encounter. Investigators said the video shows the victim's face and inappropriate acts.
Evans is also charged with producing computer pornography.
News4Jax has confirmed that Evans and Oliver played on the Terry Parker Braves football team last fall.
Maria Tomlin, the mother of Evans, told News4Jax that her son is not a rapist.
"My kid is a straight A student, who is going to college, that got accepted to three different colleges. Nobody says that. And (he) works two jobs and does everything he can to help somebody," Tomlin said.
Lawyer Gene Nichols, who is not involved in the case, said the video clip is important evidence.
"Anyone who may have filmed any activity, whether consensual or not, is going to face a third-degree felony and that is going to be hard to defend," Nichols said. "Having what appears to be a video involved is going to tell us a lot about what happened."
Roslyn Ross has a daughter and a son who attend Terry Parker and her other five children have graduated from the school. She told News4Jax that she is not happy with the news.
"It is absolutely disgusting. This was a very good school many years ago and it is sad," Ross said. "It just sickens me. My daughter is a sophomore and she's a very pretty girl. And it just scares you when you go to school. And the boy too. He said he felt it was disgusting too."
News4Jax reached out to Dr. Nikolai Vitti, Duval County schools superintendent, who released a statement Wednesday evening:
From the limited information we know considering the matter is still under investigation, the incident at Terry Parker demonstrates a series of bad decisions made by students that led to an active criminal investigation with possible life-altering consequences for all involved. In addition to possible criminal consequences, we will also apply appropriate discipline per the district’s Student Code of Conduct for any identified violations as this investigation unfolds. As a district, we are committed to cooperating fully with the Jacksonville Sheriff’s Office, supporting our school families affected by this incident, offering counseling services to students, and also looking into how school personnel could have been more vigilant with monitoring all areas of the campus.
Duval County Public Schools released a statement earlier Wednesday about the incident:
Upon learning of a recent incident at Terry Parker High School, school officials immediately informed Duval County School Police and the Jacksonville Sheriff’s Office. An investigation was conducted and subsequent arrests made. Duval County Public Schools and school administration will continue to cooperate fully with the Jacksonville Sheriff’s Office as this incident is still under investigation.