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Update – Col. Avery Found Not Guilty of Sexual Assault

October 8th, 2010 by

A jury of 6 men and 6 women took approximately 30 minutes to find Col. Robert Avery not guilty of the charge of sexual assault of a former student of the Warren ROTC program director.

The alleged victim had reported 3 different dates during late October 2009, as being the date the single act took place, included homecoming Friday, Halloween, and the date that she testified to in court.

She also admitted, on the witness stand,  that she had lied to Arkansas State Police investigators about prior sexual activity.

Although her “skin DNA” was found on a couch cushion, where the alleged intercourse took place, there was no other form of DNA present there.  This seemed important, due to the 17 year old’s testimony that the act lasted “around an hour” and based on her “cycle”.

In summary, the jury did not believe that Avery had sex with the former student, who was a part of the ROTC program he supervised at Warren High School.

Robert Gibson and Cliff Gibson represented Avery, all of whom were pleased with the jury’s decision.

~~~~~~~~~~~~~~~~~~~~

Update–Monticello Man, on Warren School Staff, Charged with Rape of Student

Posted December 1, 2010

A Monticello man, serving as a Warren Public School staff member, has been charged with the alleged rape of a juvenille student.  The incident reportedly took place at his residence in Monticello in October.  He was arrested and placed on a $100,000 bond.

Robert Avery, age 58 of Monticello, was arrested and taken into custody by the Arkansas State Police, assisted by the Monticello Police Dept., Wednesday afternoon at his home, after a warrant for his arrest had been issued, charging him with rape.

Two search warrants were also issued, including a warrant for a DNA sample, and a search warrant of his residence, which according to Sgt. Scott Woodward of the Arkansas State Police, led to the taking of items from the premises during the search that will be submitted to the state crime lab for analysis.

Avery was employed as by the Warren school district in their ROTC program.

Avery was released later Wednesday afternoon, after he posted bond.

According to the Warren School District, Avery is currently on “suspended leave, with pay.”

15 Responses to “Update – Col. Avery Found Not Guilty of Sexual Assault”

  1. Dusty Rose says:

    I will assume his innocence until the evidence has been presented BUT what is going on with the arrests of various teachers in the area lately?

  2. Local says:

    I don’t think they should be paid! What’s up with that? It’s like they are getting paid to do bad things!

  3. MARIE says:

    WHY IS HE ON PAID LEAVE?? Why would they NOT wait to pay this man untill after he’s found innocent? If he is!!!!

  4. sean says:

    PLEASE REMEMBER THAT PEOPLE IN THE UNITED STATES ARE INNOCENT UNTIL PROVEN GUILTY!!!!!!!!!!!!!!!!!!!!!!!

  5. whitney says:

    Just like people a person can do everything right there entire life.But as soon as someone say a person did something every thing else doesn’t matter if its true or not..He is innocent until prove guilty with a dna sample that means what he had sex with her does’nt mean rape.I’m prayin for you uncle robert!I dont stand behind wrong an I don’t have any facts but family is something I will always stand behind! I love you uncle robert!

  6. whitney says:

    “The incident reportedly took place at his residence in Monticello in October.” Monticello Daily News

    How did she get to his house was it a field trip of some kind nope dont think so.

    For the young girl im praying for you because whatever your giong threw in your life you need God!

  7. Facebook User says:

    I just don’t see Mr. Avery doing something like that. I will assume he’s innocent until proven guilty.

  8. Donnie bullock says:

    Even if he is found innocent by dna his career is over and his good name is ruined.

  9. Mark Mason says:

    I hope none of you who pre-judged this man ever have to go through what he went through. Go back and look at your hateful words…we now know you were directing them at an innocent man. The Bible has plenty to say about people who go around persecuting the innocent…read it sometime.

  10. Monica says:

    I was 1 of the 12 members on the jury in Mr.Avery’s case. I can honestly say that without a reason of doubt that this man IS innocent. It is a shame what this young girl has done to Mr. Avery’s family. I cannot imagine how hard this past year has been on him, his family, and is marriage. This young girl needs some serious help of some kind to make such big allegations towards a person and let it go that far. I am not sure what her motive was weather she thought she could sue him and win some money? Or maybe she just wanted some attention and never expected it to go this far. Whatever the reason is to why she has done this, I don’t know.
    It kinda questions how she is being raised because the parents don’t seem to be doing too good of a job if this girl is going to make such elaborate stories and take it this far. The girl in this case is a LIAR, and that is clearly obvious to any person who sat in the court room .
    I am sorry for Mr.Avery for having to go through all of this. Although he was cleared of all charges, his life will never be the same. I am sure there are people out there without all the facts and still believe that he is guilty. I find it sad that this successful man who helped out his students in any way that he could, will now be doubted by others. The girl who started all of this should be ashamed of herself.

  11. Andrew Bentz says:

    I am glad your innocence has been proven Mr. Avery. I always enjoy talking to you at Wal Mart, James Greens, or the Car Wash about all your awesome vehicles. May your path be blessed from here on out.

    Andrew

  12. JD says:

    Well said Mark Mason

  13. anita says:

    I did not know anything about this charge against Mr. Avery. Until one day he came in a business and I talked to him. I could not believe my ears. I was a student of his in Hamburg, and I could have told everyone on this one HE WAS INNOCENT. I am glad the truth came out and I am so sorry for what Mr Avery and his family went through.

  14. Floyd says:

    I have known Bobby Avery his entire life and I will attest that he would never commit any such crime.
    Sgt. Floyd L. Richardson (Ret.)
    Cast Iron Incorporated

  15. Its really sad what people would do to gain fame! I have known my brother my whole entire life and he is truly a quite person. and for some simple mined person to want to ruin his life and reputation has really been hard on him, and the rest of the Avery family. I am not sure what she was looking to gain out of lying on him, but I hope she gets the help{mental}she needs.

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