A 46-year-old hockey mom was sentenced today to 16 months in prison, most of the time she has already served behind bars, for sexually assaulting two teenage boys in her Laguna Niguel home. Kathia Maria Davis pleaded guilty last month to sexually assaulting a 13-year-old friend of her son before she was about to go on trial for the third time on charges related to that attack.
In August of last year, she was convicted at trial of sexually assaulting another of her son's friends, who was 16 at the time. Jurors in that trial deadlocked 10-2 in favor of her guilt on charges related to the 13-year-old. In March of this year, another jury deadlocked, again 10-2 for guilt, prompting Orange County Superior Court Judge W. Michael Hayes to declare another mistrial.
Davis was given credit for 474 days behind bars, so she will be released from Orange County jail within the week, her attorney, David R. Cohn, said. Hayes ordered Davis to register as a sex offender for the rest of her life. The mother of the 13-year-old victim, who is now 21 years old, told Hayes that her ``always smiling'' hockey-loving son struggles with a drinking problem and ``pushes'' away his sisters and mother. The boy is also plagued with guilt that he did not come forward sooner to spare the older boy, the victim's mother said.
``I did what a lot of parents would do, I told him he could stay at a friend's house,'' the victim's mother said. ``As hockey parents we were all family, or so I thought... Instead, (her son) became a victim at 13. His innocence was taken away.''
The victim's mother also apologized to the family of the older boy. She said she regretted not coming forward to authorities sooner, adding that her son was ``adamant'' about protecting the defendant's children from ``the truth.'' The mother said when she was told of the molestation, ``I felt helpless. I tried to be there for (her son) any way I could... Instead, he pushed me away. He pushed his sisters away.''
The teen had never had a girlfriend before his encounter with Davis and had never tasted alcohol, the victim's mother said. ``Now his drinking has become commonplace,'' she said. The boy wrote a statement that was read aloud by Deputy District Attorney Jennifer Walker.
``Growing up, I was always very close to my parents,'' the victim said. ``That all changed,'' after the incident, he said. The victim said he was ``socially outgoing,'' with his hockey friends, but then found himself avoiding any of the teams or leagues Davis' son was on, he said.
After the hearing, Walker said, ``I'm just so happy that she's finally taken responsibility for what she did and didn't put (the victim) through another trial.''
Cohn said it was an ``equitable resolution'' of the case. ``I feel for the victims,'' he said. ``But I wanted Kathia to be able to go home with her family.''
The maximum Davis could have faced if she had been convicted of all charges following a third trial would have been seven years and eight months in prison, Walker said. According to testimony in last year's trial, Davis had sex with the 16-year-old in the summer of 2010 and in the summer of 2011. She was convicted of four felony counts of unlawful sexual intercourse and two misdemeanor counts of contributing to the delinquency of a minor.
In the summer of 2005, another boy on her son's hockey team was staying at her home for a sleepover, Walker said. When Davis caught her son and the 13-year-old boy sneaking booze she gave them more alcohol, according to the prosecutor.
The 13-year-old later fell asleep on the couch with the defendant's feet on his lap as Davis' son and daughter dozed in front of the TV, Walker said. Davis used her feet to stimulate the boy before the two started kissing, and Davis molested the boy, Walker said.
As the alcohol wore off, the boy felt ashamed and rebuffed the defendant later as she attempted to perform oral sex on him, Walker said. The boy later reluctantly told an older sister, who told her mother about the molestation, Walker said. The mother confronted Davis at the hockey rink, eliciting an apology from the defendant, according to the prosecutor.
Since last year's trial, the boy recalled another occasion when Davis brought him back to her home and performed oral sex on him, Walker said. Davis was not charged with that alleged crime, however, although the boy testified about it.
Neither the boy nor his mother reported the allegations to authorities immediately, Walker said. The boy came forward after seeing TV news reports about Davis and the 16-year-old, Walker said. Davis denied any sexual contact with the 13-year-old boy when she was interviewed by detectives, but in a phone call to her mother during questioning she said, ``They know about (the 13-year-old) too,'' according to Walker.
Davis told detectives the 13-year-old ``came on to me,'' but she rebuffed him, Walker said. Davis showed the boy her two MySpace profiles, one of which was a bit more ``racy,'' including photos of her in bathing suits and ``cut-off'' shorts, according to Cohn. The next day the boy ``friended'' her on MySpace and shared the profile with a friend, Cohn said.