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Published: Wednesday, 3/17/2010

West Toledo juvenile to be tried as an adult on rape charges


Calling the alleged crime both "brazen" and "violent," Lucas County Juvenile Court Judge Connie Zemmelman decided Wednesday relinquish jurisdiction over Anferney Fontenet and to send him to adult court to face charges of rape and aggravated robbery.

The teenager is charged with delinquency in connection with rape and aggravated robbery for the midday assault of a woman Jan. 19 on a West Toledo street.

The judge made her decision after a hearing that spanned two days and involved the testimony of two witnesses. Also considered was a report by a clinical psychologist that recommended against sending the 15-year-old to adult court saying he was emotionally, physically, and psychologically immature.

But the judge said the youth's background - which included the unreported attempted rape of a female cousin in 2008 - and the teen's apparent lack of remorse convinced her that the case belonged in adult court.

"Obviously, a victim like [this victim] is not safe from Anferney Fontenet anytime or anywhere because this happened in the street when other people where around," the judge said. "When she begged that he wouldn't do it, he did it anyway."

The teenager is scheduled to be transferred to the Lucas County jail either Wednesday or Thursday. His case will then be presented to a county grand jury for indictment.

If convicted on charges of rape and aggravated robbery, he would face up to 20 years in prison.

During a recorded interview with police played in court at the Feb. 2 hearing, the teenager admitted that grabbed the victim around the neck, raped her, and took her phone. He allegedly used a pair a scissors when assaulting the 26-year-old victim, who lives in a group home and has bipolar disorder and Asperger's syndrome.

The victim, who is not identified because she is a victim of sexual assault, did not attend the hearing.

The victim's parents said after the hearing that they were grateful to the judge for the decision and that they hope their daughter will once again feel safe.

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