Summit County judge denies motions to dismiss Anthony King sextortion case
A monthslong legal battle over Summit County's first sextortion case came to an end Monday after Summit County Common Pleas Judge Jennifer Towell denied two motions to dismiss the case.
Attorney James Jones argued across four court documents that the 49 charges against his client, 18-year-old Anthony King of Barberton, was being prosecuted in the wrong state and had his right to a speedy trial violated.
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Jones said he intends to appeal the decisions.
King is accused of threatening to kill a 14-year-old girl and her family unless she gave him sexually explicit photos and videos of herself and her younger siblings.
He is scheduled for a jury trial at 8:30 a.m. April 30.
What is sextortion?
Sextortion is a cybercrime in which people are targeted, sometimes threatened, into providing naked photos or videos of themselves. This content can then be used to blackmail victims into sending more images or money.
King, who was 16 when he allegedly committed the crimes, was a Barberton High School student.
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Detectives said he became romantically involved with the 14-year-old girl from Indianapolis. When their relationship soured, he threatened her into providing more than 100 explicit photographs and videos of herself and her siblings.
An Indiana detective began investigating the case thinking that an adult was behind it, and considered it for federal charges. When she brought it to the attention of Barberton detectives, they learned that a teen was involved.
Juveniles can’t be federally prosecuted, so the case is handled in local courts.
Jurisdiction challenged in motion to dismiss
Jones' first motion to dismiss the case hinged on the argument that the alleged crimes were committed in Indiana.
He said King had never been to Indiana and was never in the physical presence of the 14-year-old girl, according to court documents.
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Assistant Summit County Prosecutor Brian Stano argued against the motion to dismiss, citing other cases in which such an argument proved to be insufficient grounds for dropping a case.
In an order denying the motion to dismiss, Towell said the court has jurisdiction over the case as elements of the alleged crimes took place in Summit County.
She said the rape and gross sexual imposition accusations did not originate in Ohio, but the defendant is charged with complicity to commit rape and gross sexual imposition while he was in Summit County.
Citing different ticking clocks
The two sides also sparred over how long the speedy trial clock has been ticking.
Ohio law requires defendants be brought to trial within 270 days of their arrest. If the person is held in jail without bail, then each day in custody is counted as three days.
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Those 270 days can be paused with motions and continuances, which occurred in the King case. These pauses were tracked differently by the prosecution and the defense in their court filings.
King was arrested on March 7, 2022, and was transferred from juvenile court to adult court on Dec. 28, 2022.
The defense asserted the speedy trial clock started when King was arrested and did not pause until Jones filed his first motion to dismiss. Jones argued 999 days had passed when he filed.
Prosecutors and the court argued that the speedy trial clock did not begin until King entered adult court, with many filings pausing the clock in 2023 and leaving time to spare before a trial.
Bryce Buyakie covers courts and public safety for the Beacon Journal. He can be reached by email at bbuyakie@gannett.com or on X, formerly known as Twitter, @bryce_buyakie
This article originally appeared on Akron Beacon Journal: Judge rules Summit County's first sextortion case will proceed
