Rape suspect gets bond

Thu, 05/01/2008 - 2:56pm
By: The Citizen

A Sharpsburg man charged with raping a 16-year-old girl in Tyrone over two years ago was granted a $100,000 bond Thursday afternoon.

Zachary H. Higgins, 20, was arrested April 23, two days after the victim came forward with her side of the story, police said. The incident allegedly occurred on Labor Day in 2005.

Tyrone Police Detective Adam Castings testified during the bond hearing that the victim told him she waited so long to come forward because she was so embarrassed.

Castings said the victim was in tears and recounted the event in great detail.

Higgins’ defense attorney, Steve Harris, likened the case to a “date rape.” But Assistant District Attorney Warren Sellars challenged that account, noting that the victim had not invited Higgins to her home where the incident took place, nor had she even told him where they lived.

Castings said the victim resisted Higgins during the assault to no avail, and that he left the residence almost immediately afterward. The victim’s parents were not at home during the incident, Castings said.

Harris said Higgins knew the victim because they worked at the same business.

Harris said there is no physical evidence in the case such as DNA or any torn clothing or the like, nor were any weapons alleged to have been used during the assault. He added that his client has no prior criminal record.

Det. Castings testified that Higgins is also being investigated in a potential statutory rape case that is being probed by the Fayette County Sheriff’s Office.

Sellars asked the court to deny Higgins bond, but no evidence was introduced that he might be a risk to flee the jurisdiction before trial nor that he might possibly intimidate witnesses in the case.

Fayette County Superior Court Judge Christopher C. Edwards said if Higgins or any of his family members have any contact with the victim in any way, he would revoke Higgins’ bond. Higgins will be given a list of streets to stay away from so he will remain away from the victim’s home, and it will be his duty to turn the other way should he encounter the victim anywhere in public by chance, Edwards said.

Castings testified that he has seen people fake tears in the past as part of his profession, but he believed the victim’s tears were genuine in this case as she reported the incident to him at the Tyrone Police Department.

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Submitted by jollibee on Thu, 01/29/2009 - 1:44am.

I also think there's something fishy about this. There should be enough evidence about that not only the victim's tears.. maybe it's just good acting.. direct mail services

Submitted by nightshade on Mon, 05/05/2008 - 11:10am.

If this girl had alreadey waited so long because she was embarassed, then what gave her the motivation to come forward now? Something had to have motivated this sudden spontaneous report. Most likely some old grudge, want for attention, or a good old fashion case of "tell mom and dad it was rape so I won't get in trouble for having sex." These charges are baseless and the citizen should be ashamed of themselves for smearing a young man's reputation so vigorously when there is no concrete evidence whatsoever. I suppose this only shows the vulgar and bloodthristy nature of journalism as a profession. Since they weren't good enough to be real writers, they have to throw loaded words around the front page regardless of the evidence or aftershock.

Submitted by lelizabeth on Sun, 05/04/2008 - 2:30pm.

If this says labor day of 2005, Zach would have still been 17. and with her being 16 at that time, this really looks like two teenagers having consentual sex, and nothing more.
"she waited so long to come forward because she was so embarrassed..."
or could it be that her parents found out she was having sex, and this was the easiest excuse to explain why?
Clearly this story is full of it. They put his name all over it and she STILL remains 'anonymous'. Thanks for ruining his life, alleged victim.

Submitted by oldbeachbear on Sat, 05/03/2008 - 4:25pm.

this seems to be a far cry from the stance Tryone police and a Fayette county DA took on a 3 year old ...'she said;..

(05-02) 15:01 PDT SAN FRANCISCO -- After spending nearly a year trying to decide whether a 17-year-old girl was gang-raped during a party at the home of two De Anza College baseball players, the state attorney general's office said Friday that there was no way to tell whether allegations of "disgraceful" behavior by several men also amounted to a crime.

The men who came under suspicion of sexual assault for what happened at the off-campus party in March 2007, many of them De Anza players, cannot be prosecuted because of "wildly conflicting accounts" supplied by witnesses whose memories were often clouded by alcohol, and because of a lack of "consistent, useful identifications," Attorney General Jerry Brown's office said.

"We consider the criminal case closed," Santa Clara County District Attorney Dolores Carr said shortly after state prosecutors backed her nearly year-old decision not to file charges.

Carr had asked Brown to review the case after three women who were at the party at a bungalow in unincorporated San Jose and pulled the girl from the home protested the district attorney's decision not to prosecute, as did victims' rights advocates.

The case arose after the three young women, players on the De Anza women's soccer team, forced their way into a room at the party March 3, 2007, after they peered through a partially covered French door and saw the girl on a mattress apparently being sexually assaulted as several men stood around.

She was intoxicated to the point of being comatose and had vomit on her face, the women said.

After forcing their way past a young man blocking the door, they were able to drag the teen to their car and take her to a hospital, the young women said. But they "were unable to provide consistent, useful identifications of the persons they observed engaging in sexual contact" with the girl, Chief Assistant Attorney General Dane Gillette wrote in a letter to Carr dated Friday.

"Without such identifications, we cannot ethically pursue a prosecution," he wrote. "It is certainly not proper to simply criminally charge everyone who may have been in the room."

The alleged victim in the case, identified only as Jane Doe, "has no memory of anything that happened at that party beyond her initial arrival," Gillette wrote.

The three women who reported seeing the incident - April Grolle, Lauren Chief Elk and Lauren Breayans - said they were devastated by the prosecutors' position.

"We are disappointed beyond words at (the) decision and in the entire criminal justice system," the women said in a joint statement. "The message seems to be, if you get an underage girl drunk enough, you can get away with rape."

John Cahners, an attorney for a former De Anza baseball player whose family owns the home where the party was held, said the decision is the correct one.

"I'm happy they did the right thing, rather than make a political decision on what they may have perceived people wanted," Cahners said. "I'm hoping people will learn they shouldn't rush to judgment on a few things they hear in the news media."

Prosecutors, though, clearly indicated they felt their hands were tied by the limitations in the evidence they had.

Submitted by chicken1 on Thu, 05/01/2008 - 10:44pm.

I am sickened by this entire case. I have known Zach since the third grade and I can tell you right now he would never rape ANYBODY. I hang out with him quite often and he is a great guy. I feel so bad that someone I love can be charged with two things that are complete lies from stupid girls.

Before you completely ruin his name..(oh wait you already did) maybe you should find out a little more about these girls...and how THEY really are.

Zach has been through a lot and he has one of the best hearts I have ever known. This whole thing breaks my heart because these girls are LIARS.

I really hope the fayette county judicial system can get its act together and leave him alone. And as for you citizen..I know you posted this story because media is a form of "entertainment" and there is nothing more interesting than a rape in the small town of Tyrone! (sarcasm) But get your facts straight before you completely ruin another innocent persons name.

I hope these girls learn there lesson. Because as a female I know how much stronger our word is..but that does not mean you abuse it and ruin people's lives.

I love you Zach.

-E

ahavah_lachaim's picture
Submitted by ahavah_lachaim on Thu, 05/01/2008 - 10:19pm.

Castings testified that he has seen people fake tears in the past as part of his profession, but he believed the victim’s tears were genuine in this case as she reported the incident to him at the Tyrone Police Department.

I'd love to know how he can tell fake tears from real ones...I've seen my share of both, and can barely tell them apart. How many girls have cried their way out of a speeding ticket with fake tears?

Yeah...base the credibility of her story and this case on tears....brilliant idea...


Submitted by ebaker on Thu, 05/01/2008 - 9:59pm.

Screw The Citizen for posting this extremely misleading article or any article regarding this case. There is no proof of any rape but courtesy of the citizen they have already put his name all over the web. Even if he is not charged, any future employer can just google his name and what pops up? Tyrone Rape (Thanks to that Middle initial The Citizen kindly supplied the public with...seriously wtf?). This whole thing is edited.

Submitted by skyspy on Fri, 05/02/2008 - 7:02am.

but you need to direct your anger at the girl who is pressing what are probably false charges.

When this gets tossed out of court I hope she is charged with making a false police report.

Date rape is a serious crime, it does happen, but this girl made it harder for the true victims. Most people question the victims of date rape anyway, thinking that they are at least partially to blame.

In the "spirit" of bringing up charges for old crimes there are a few that I would like investigated as well.

1. First of all my roomate in college took my Bob Marley Legends album, I want it back. Also I would like to be paid for all of the postage stamps that went suddenly missing over the course of our freshman year.

2. 10yrs ago my old neighbor helped himself to 5 landscaping stones he thought I wouldn't miss. I was going to finish that project eventually.

3. 5yrs ago a co-worker borrowed a book on the life of Loui Armstrong, now I want it back.

I figure if this girl can make up charges without any evidence I should be able to get some justice from these old crimes. I actually have some witnesses that these outrageous crimes happened.

AF A-10's picture
Submitted by AF A-10 on Fri, 05/02/2008 - 12:17am.

on May 2nd. Let's see how close I get. I understand your anger though; fully!

Kevin "Hack" King
(anyone want two dogs???)


Submitted by blazing2006 on Fri, 05/02/2008 - 8:05am.

it's 9:06 am. I guess Cal must have decided to sleep in this morning. Let's see here - No real facts, No DNA, and No evidence. Just a girl that obviously does not have a very good relationship with her parents and no close friends to confide in.Two years? This story makes me go hmmmm. Citizen, you probably should've waited until some more light could've been shed on this whole thing. Now if this kid is guilty - punish him severly. But if it is found that this girl has fabricated this whole thing then she should have to serve the same sentence that he would have had to serve and make sure, Citizen, that you plaster her name for all to see. Just want to be fair.

TonyF's picture
Submitted by TonyF on Fri, 05/02/2008 - 6:38am.

Cal must have had a late night. Wuz up my Democratic buddy?

O wad some Power the giftie gie us,To see oursels as ithers see us!
(R. Burns)
If we could see ourselves as others see us, we would vanish on the spot.
(E. M. Cioran)


hutch866's picture
Submitted by hutch866 on Fri, 05/02/2008 - 8:07am.

I don't know which one it is, but there must be a law somewhere against using the words wuz and nigh in the same post.

I yam what I yam....Popeye


TonyF's picture
Submitted by TonyF on Fri, 05/02/2008 - 8:12am.

you get the blue ribbon for even noticing that. Gotta keep 'em on there,they're,their toes.

O wad some Power the giftie gie us,To see oursels as ithers see us!
(R. Burns)
If we could see ourselves as others see us, we would vanish on the spot.
(E. M. Cioran)


Submitted by Sick of Fascists on Thu, 05/01/2008 - 9:53pm.

it is extremely difficult for a young girl to actually tell someone about this sort of abuse. The girl feels like it was "her fault" that she trusted the guy in any form or fashion. This is also a good time to explain to your daughters that clean cut young men in their very own high schools could be rapists. Just say no only works if he asks.
I don't know if he is guilty or not, but let's not discourage young girls from reporting crimes like rape just because it took them 2-3 years to get up the courage to tell.

carbonunit52's picture
Submitted by carbonunit52 on Thu, 05/01/2008 - 5:13pm.

that reporters of actual events do not. Fictional stories have to be believable.

I am a unit of little brain, in case you haven't noticed.


carbonunit52's picture
Submitted by carbonunit52 on Thu, 05/01/2008 - 10:06pm.

I was a single parent of a girl and I guarantee you that if something as tramatic as a rape would have occurred to her, I would have picked up on it. This is a very serious charge and it just doesn't appear that enough due diligence was exercised prior to the arrest being made. This is an excellent time to talk to your sons about the subject. I had many a talk with the boys that showed up to see my daughter, and I was pretty blunt, hard as that may be to believe.


sniffles5's picture
Submitted by sniffles5 on Thu, 05/01/2008 - 4:54pm.

What on Earth could possibly be the reason for $100,000 bond? This is a classic "he said/she said" scenario, there is no physical evidence, there is no evidence presented that this guy is at risk of fleeing the county but the judge pops him with a $100K bond?

That does not seem right.

"Castings testified...he believed the victim's tears were genuine"...to quote the Simpsons "That's some damned fine police work there, Lou!".

Hey Richard Hobbs, I need your fine legal mind here!! What Georgia statute permits into evidence what a police officer "believes" to be true?

One thing Zach Higgins needs to do is fire his incompetent defense attorney. I can't believe this dimwit DEFENSE attorney admitted his client done "date raped" that girl in open court.
___________
Diagnosing Denise


The 5-0's picture
Submitted by The 5-0 on Thu, 05/01/2008 - 6:00pm.

Hearsay and "gut feelings" are allowed during bond hearings.

Also- $100,000 bonds are common for this type of crime.
Don't forget that he was not denied bond. That means he's not stuck in jail until court rolls around.


AF A-10's picture
Submitted by AF A-10 on Thu, 05/01/2008 - 4:03pm.

That is a victim's best chance of receiving justice and not being victimized again. Zach is arrested, his name is plastered in the papers, and the DA attempts to deny him bond on a two-year-old allegation. The accused is rarely given anonymity.

A court of law will have to weigh the testimonies (as there will be little to offer in terms of evidence), but all of this would have been MUCH, MUCH easier to fairly try and judge if the alleged victim had immediately come forward. This is the "Anita Hill" problem. Even if you are telling the truth, the passage of time and imperfect memories make facts much more difficult to glean. I hope justice can possibly be served here. If nothing else, we can use this situation to talk with our children, male and female. I will share with my daughter to NEVER let someone she does not trust with her life in our house (or hers when she's on her own) if she is alone. NEVER NEVER NEVER!

With my son, this is a perfect "No means No," "maybe" means no, "I'm not sure" means no conversation. I'm not saying this is the case here, but it serves as a good case study.

Again, I pray that the truth can somehow come out, clearing the name of the innocent party.

Kevin "Hack" King
(anyone want two dogs???)


TonyF's picture
Submitted by TonyF on Fri, 05/02/2008 - 7:02am.

I feel as though you remember my daughter's story(pregnant at 16, baby at 17). She also had the opportunity to cry RAPE. She, however, took the high road(patting myself on the back) and accepted full responsibility when she could have played that card. This makes me wonder what really transpired here. I'll offer no judgment(lest I be judged) just the fact that ONLY 2 people know the truth, and one of them is lying.

No dogs for me.

O wad some Power the giftie gie us,To see oursels as ithers see us!
(R. Burns)
If we could see ourselves as others see us, we would vanish on the spot.
(E. M. Cioran)


Submitted by Davids mom on Fri, 05/02/2008 - 7:12am.

I missed something. What happened to the dogs?

AF A-10's picture
Submitted by AF A-10 on Sat, 05/03/2008 - 7:59pm.

The boy and girl doggies are at the Fayette Animal Shelter which is a stone's throw from the house. We have three dogs and it is not legal to keep any more. I take food over to them and go pet them, but they need a home soon. I would take these two in a heart beat if I could. At any rate, please spread the word:

Pair of 2 year-old Labs; black; super friendly, top notch health and great tempermant.

Oh, and they are not BLT Laughing out loud

Now that was funny!

Kevin "Hack" King
(anyone want two dogs???)


Submitted by oldbeachbear on Thu, 05/01/2008 - 9:34pm.

There is a lot for our children to learn from this. The thing that now seems to stick out is that Fayette county is checking this kid out in 'another' unrelated rape case? Did I read that right?

I wonder if this could be a case of a girl holding back, then she hears he did the same thing to someone else, and came forward. If not, then I think she, nor her family, have used good judgement in letting her come forward so late.

If that is not the case, that she is trying to add truth to someone else's claim so that it doesn't happen again, then this is awfull.
To bring this up after so long is useless and will not do her any good. It doesn't sound like there is a way to prove it at this point.

Submitted by TyroneTerror on Fri, 05/02/2008 - 10:20am.

Lets be clear here...there is a HUGE difference between Forcible rape and Statutory rape. Its unfortunate that a Statutory rape charge can result in a person having a lifelong Sex Offender tag. Based on the word of the Law...having sex with a minor is a crime regardless of consent. Even if the guy is only eighteen and the girl is 17 yrs 362 days old. THAT's ridiculous!

Not that I condone teen sex, I don't, but lets be real. Teenage girls nowadays are much more sexual in their appearance and with their actions. Why it was right here in Fayette County that the Middle Schoolers had the "Head Hunters" club...if you know what I mean. So its a fact that there are teenage girls out there that persue males for sex.

Sorry, but I just can't stand to see a guy get railroaded by an overzealous Police Department and what may turn out to be a teenage hoochie.

Submitted by Sick of Fascists on Fri, 05/02/2008 - 12:56pm.

The age of consent in GA is 16. So, if the girl is 16 it is not statutory rape, and so long as it is consentual, is not a crime. Google "In re: JM" for a case on that point in GA. If the guy is within two years of the girl under 16, it is a misdemeanor.

Girls being sexual in appearance has nothing to do with whether rape is a crime.

I agree, I don't think this guy should have even been charged without a preissuance hearing, and an opportunity to be heard. But let's not use this opportunity to suggest that it is okay to have sex with girls under 16, or okay to have sex with girls who say "NO".

Submitted by oldbeachbear on Fri, 05/02/2008 - 10:46am.

kid wasn't railroaded as well, this is just a shame. I wish the story hadn't become public knowlege on just a "she said".

ahavah_lachaim's picture
Submitted by ahavah_lachaim on Thu, 05/01/2008 - 4:01pm.

the ages in this article are misleading...was the girl 16 at the time of the alleged incident or is she now 16? it reads now that she's 16 and he's 20 which would have made them 13-14 and 17 at the time and I don't believe that's correct...

"Lord help me not to focus on what I give to you, but instead see the power of the one that I give to..." Jonny Diaz


Submitted by itcouldhappen on Sat, 05/03/2008 - 10:05am.

If there is anything correct in this article at all ....
it does say that they worked together. The girl couldn't have been employed at 13-14. So she must have been 16 at the time and he must have been about 17. If it was an out and out rape, the ages wouldn't matter. But if he let himself into her home, that should have been a clue something was amiss. Go to the bathroom with your cellphone and at least call your parents if not the police. After all this time, how can it be anything but a he said/she said. If he is innocent, his life has been altered severely by his name being all in the paper. Regardless of the outcome of the trial, there will always be that question associated with him.

ahavah_lachaim's picture
Submitted by ahavah_lachaim on Sat, 05/03/2008 - 11:04am.

she says "he let himself in..." well if someone just let themself into my house, i'd be skeptical anyway and stay at least ten feet away from them, even if it was someone i knew...i don't know that i would immediately call someone, but if things started getting sketchy, you can bet it'd be my father or one of my guy friends on the phone like that...

there's just too many assumptions with this whole story...and you know what happens when you assume...


gratefuldoc's picture
Submitted by gratefuldoc on Fri, 05/02/2008 - 11:21am.

This is totally unrelated to your post but.....I LOVE your online name....Love_Life. Beautiful

"once in a while you can get shown the light in the strangest of places if you look at it right"
"listen to the thunder shouting, "I AM, I AM, I AM"

;>} Have a grateful day ;>}


ahavah_lachaim's picture
Submitted by ahavah_lachaim on Fri, 05/02/2008 - 11:43am.

gratefuldoc, your comment made me smile more than i have in days(as you may have guessed by my commenting) Smiling you are the first person who's ever gotten the meaning; kudos to you..i love your signature and your picture too, btw.


Submitted by ebaker on Thu, 05/01/2008 - 9:28pm.

At the time of the "alleged rape" in 2005 the ages would have been 16 and 17. This article is extremely misleading.

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