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James McDevitt, 21, Accused of Raping a Woman in Flagler Beach, 2 Blocs from a Cop

| June 18, 2013

James McDevitt

James McDevitt

James McDevitt, 21, of 12 Portia Lane in Palm Coast, is at the Flagler County jail on $101,000 bond, facing an accusation of rape following a violent incident that unfolded in the early hours Friday in Flagler Beach, and that was interrupted by police.

The incident took place around 3 a.m., starting around South 14th Street and ending in an empty lot on South 12th, where police found the woman almost immediately after the alleged act.

According to the account the 38-year-old victim gave Flagler Beach police, she was walking back from the beach, on South 14th Street, crying, when she walked by McDevitt, who had been with two friends, Darius White and Sebastian Guttierez. McDevitt asked the woman what was wrong. She told him she had a fight with her boyfriend. McDevitt, according to a police report, offered to walk her to her friend’s home.

“She then stated” according to the report, “that when they approached South 12th Street, he dragged her into an empty lot, forced her to the ground, strangled her and raped her.”

When the reporting officer, Crista Rainey, had approached the victim, according to the report, “she kept repeating that ‘he choked me,’ and ‘he raped me. He fucked the shit out of me.’ As [the victim] made these statements, she constantly pointed at Mr. McDevitt. I saw that [the victim’s] underwear (black with lace) were on the ground beside her feet, her purse approximately 2 feet from her left hip and her sandals approximately 15 feet above her head. She also had dirt inside her mouth and around her lips, as well as embedded in her nostrils.”

The victim was first taken to Florida Hospital Flagler then to Flagler Hospital in St. Johns County for a rape examination, the report states. Authorities gathered evidence of her injuries, which included multiple bruising inside the legs and arms, a bruise under her jaw at the top of her neck, multiple horizontal abrasions inside the thighs “consistent with thighs being forced apart,” according to the report. A detective told Rainey that while at Flagler Hospital, the victim said McDevitt allegedly “threatened to kill her and forced his penis into her mouth and down her throat and also into her vagina.”

According to the report, Rainey, 20 minutes before the incident, had been in contact with White, who was unresponsive and “possibly intoxicated,” on South 14th Street, and was with Guttierez, but not McDevitt. Guttierez told the cop that he and White had been with McDevitt. “I went down towards the end of the block to look for Mr. McDevitt,” the officer writes in the report. “I saw a male walking northbound towards 12th Street with a female, but couldn’t make contact or identification at that time.”

The detail reveals that the cop was at the scene, but could not pursue or seek out McDevitt: Because of budget cuts, Flagler Beach police officers usually work alone on the night shift, with just one cop on duty in the entire city—a potentially serious problem that limits their ability to operate in dangerous situations and exposes them to potentially grave situations they must face alone, even though they can call for assistance from the sheriff’s office (as was the case later that morning). (Cody in an interview on June 20 specified that the number of hours an officer will work alone at night would usually be limited to between 3 and 6 a.m., when crime is at its lowest. On the night of the alleged rape, one other officer was on duty. But Rainey was herself a trainee, not a full-fledged officer who could operate on her own.)

While Rainey was addressing the situation with White, a witness, Robert Tier, called 911 to report that he’d seen an individual “dragging” a woman into an empty lot, “throwing her onto the ground and moving his hips in a way that he appeared to be raping her,” the police report states. Tier told police that he had seen the man and woman later identified as the victim and McDevitt walking north on the corner of Central Avenue and South 12th Street, that he then heard the woman scream but was unable to make out what she was saying, and that he then saw the man put his hand over her mouth, promoting Tier to go into his home for his cell phone and call 911.

Rainey got that dispatch call, as did Flagler County Sheriff’s deputies, who converged on the scene rapidly enough that when they got there, McDevitt, who told cops that he decided to “take off” when he saw lights, still had a condom attached to his penis in initial contact with cops.

McDevitt, according to the police report, “had a small scrape on each knew (each approximately the size of a dime), what appeared to be a bite mark on his right cheekbone, a scrape on his left lower back and some scratch marks on the right side of his neck.” McDevitt told the officer that as he was walking the woman to her friend’s home, she allegedly bit him in the face. McDevitt said that “he continued to walk with her,” according to his account in the police report, “when she led him to the empty lot and suggested they have intercourse. Mr. McDevitt stated he agreed, and as they began, he saw lights, and [the victim] stated that her friend was there. Mr. McDevitt said that frightened him, so he decided to take off. He then realized that the ‘friend’ was actually Flagler County deputies, and that they detained him at that point.”

McDevitt turned over the condom into evidence, consented to two DNA samples by way of oral swabs, and said he would answer any questions from police. He was read his Miranda rights and sat for a recorded interview with police at the Flagler Beach Police Department before being taken to the county jail.

In other details McDevitt provided, he said that the woman had initially been crying because she had allegedly been beaten up. As the pair walked northbound on Central Avenue, the woman, according to McDevittt, picked out several places as “her home,” and though she bit him, he kept walking with her because, he said, he has a “soft spot for women.” Somewhere along the way, McDevitt told police, she pushed him to the ground. (McDevitt’s weight is listed at 200 pounds at the Flagler County jail.) But that as they approached the corner of Central and South 12th, the empty lot was the place she was trying to get to, McDevitt said she told him. “She then suggested that they have intercourse there, and he agreed,” according to McDevitt, as relayed in the police report.

McDevitt is a 2011 graduate of Flagler Palm Coast High School.

On April 1, he was charged with shoplifting, a second-degree misdemeanor. On May 1, he entered into a deferred prosecution agreement on the retail theft charge, which meant the charge would have been dismissed had he maintained lawful behavior for a set period of time (usually six months). In the interim—on April 16—he pleaded no contest to driving a car without a license and was fined.

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27 Responses for “James McDevitt, 21, Accused of Raping a Woman in Flagler Beach, 2 Blocs from a Cop”

  1. Magnolia says:

    Geeze….I think we’re gonna need a MUCH bigger jail and maybe Sheriff Joe Arpaio.

  2. Jon Hardison says:

    “…Friday in Flagler Beach, and that was interrupted by” Interrupted by what?

    I’m stunned! I have no words at this time. My thoughts go out to the victim and the McDevitt Family.
    Wow! Just WOW!

    • Mr.concerned citizen says:

      Talk about fishy, huh! A lot of he said she said going on here I don’t know who to believe? This story has way to many inconsistencies and all the different police agency’s involved?
      Good luck sorting this one out!!

  3. Truth of the matter says:

    “Dorothy you are not in Kansas anymore”

    There once was a small little beach side town lost in the fifties, an enjoyable place in which to live, a town were sand would often blow across old well worn sidewalks, and the city’ natural flora and fauna were the real thing, a town with quaint little mom and pop shops etc.

    Then all of a sudden, along came unregulated growth put upon a town that was ill equipped to handle it, and soon our once unique unspoiled community became just a memory . Hopes sprang eternal as the powers to be, yes our elected officials / local chambers etc. wished to fast track this special little city into becoming the next Mount Dora, WHY, the little town was special for what it was not for what it would be ?

    What to do next ? Why not construct a few fancy side walks, then throw in some non-native plants, ugly gravel parking spots, and add some tacky directional signs, probably the brain child of the infamous Scenic Highway Committee. Signs simply to direct people just a block or two here or there, and all of a sudden the once peaceful tranquility, and down home character the residents had so long enjoyed was gone.

    Now the atmosphere which made this little town truly special has all but disappeared, and these same officials still continue to overwhelm us with their absurd open door policy, inviting in thousands of day trippers some of whom have no respect for our town.

    As a result violent crime is on the increase, as is shown in the article above, and this will become even more common place in the future if our officials fail to get a handle on it. Combine this with the ever growing parking / traffic problems which they are reluctant to confront, all will only result in degrading the quality of life / home values of the residents whom they are supposed to protect.

    Question is, since much of this relates directly to the open door policy created by these same officials, what do they intend to do to correct it ? Costs to city tax payers will certainly rise for extra police protection, sanitation, life guards etc.etc. with little thought of who will pay the price for their poor decisions ?

    We know the business community is doing very well which is ok, and now that the budget hearings are underway, we will soon see if they care as much about the local tax payers, as they do everyone else.

    “Dorothy, you are not in Kansas anymore”.

  4. CITY EMPLOYEE says:

    Budget cuts now that says it all.The detail reveals that the cop was at the scene, but could not pursue or seek out McDevitt: Because of budget cuts, Flagler Beach police officers usually work alone on the night shift, with just one cop on duty in the entire city—a potentially serious problem that limits their ability to operate in dangerous situations and exposes them to potentially grave situations they must face alone, every department budgets have been cut so bad that it has put the city at risk!!! but it make the city manager look real good at budget time look at how much i have saved the city. till someone kills one of our police officers and then the law suits get filled and the city is at fault becauce they put these officer lives in danger with these budget cuts so in the long run you have not saved a dam thing and it costs more now to settle the law suits than it would of cost if you would of put more police officers on duty for the year.whats it going to take before they wake up!!!

    • Paying High Taxes says:

      Flagler Beach has always been known as the cheapest town around. It is a Podunk town.
      We all pay super high taxes……for what??? There are houses in this town that look like trailer trash, junk laying everywhere, garbage. Just ride down the alleys and look at some of the low life housing projects in this town. Do you ever seen anyone citing these run down, junky properties….NO!
      We had to call the police a couple months ago because of a man looking in windows on the south side with a flash light and were told there was only one officer on duty and that we would have to wait. It was 4:00 a.m….frightening!!!
      What in the world is wrong with this town…stuck in the old days? Let’s get some city officials that do the right thing and take care of the citizens and the Police Officers that risk their lives for each and everyone of us every single day. While we sleep in our warm, locked doors, air conditioned homes, they are out of the streets protecting us!! HOW CAN ONE OFFICER serve this whole time….ALL BY THEMSELVES…DOES THIS CITY CARE ABOUT OUR POLICE OFFICERS???? If we only have ONE officer working the streets at night, then he apparently does not care. The only time most people appreciate a POLICE OFFICER, is when they need one. WHY are we paying such high taxes in a town with more BARS and less Police…Unbelievable…..LET’s get some more OFFICERS working…so what if it costs us…we’re already paying and for what. I want to know that my family is safe and even though I don’t know the cops, I care about their safety too…DON’T YOU?????

    • New Ideas says:

      One cop on duty at night? It hasn’t always been that way, no sir. There are too many officers who work “administrative duties” during the daytime, never leaving the office. I’m pro law enforcement….but there was a time when the cops in Flagler Beach were distributed evenly among shifts…with about half the staff it has. Sounds like new management needs to take a look at what’s going on there.

    • long term resident says:

      The Budget has NEVER been cut really. But monies spent elsewhere. For example 10 years ago the city had only 2-3 people mowing and now the city has twice that number and now contracts mowing out to contractors yet kept those employees. The size of the water dept has nearly doubled and garbage is picked up twice a week. The city is the same size as before! Oh and now with all the new trees and greenscaping the the cost to contract the work out will go up. How do you like the new solar trash compactors? they are nice aren’t they. I’m sure there is a nice cost as well.. Flagler Beach has 90% of the bars in the county, and the least amount of LEO’s on duty at night. We have a planning and zoning directors position and a building inspector, positions that in the past were provided at the county level. Im not saying there not needed but law enforcement especially at night from Fri to Sun should be given a higher priority.

  5. Nancy N. says:

    Just more proof that Flagler Beach PD needs to merge with the FCSO.

  6. john says:

    With any luck Paul Miller will have a cell mate.

  7. confidential says:

    Budget cuts in FB police force? Shame on them cut the administrative fat and not the cops on the street.
    Mr.Campbell what are you doing with the FB police budget? That is what I call real c….p Commissioner McGrew!

    • Mr.concerned citizen says:

      I also came to flagler beach in1989 back when life did feel so simple! A quaint small town where everybody knows each other no strangers , and the few strangers I did meet were not strangers for very long! Every one so friendly !there was some riff – raff like any other town this size,locals all said the MONDEX was where all the low life lived but nowadays it seems the trash is now beach side. Don’t take me wrong there’s crime everywhere all the comericialization now in flagler beach does attract the criminal element so this kind of crime is going to take place it’s a sad day for the town when you can’t walk down the street safe anymore I say go back to two officers were on duty at all shifts and maybe some of the piece of mind can return Just a thought???

    • Profiler says:

      Why not ask Chief Cody why he isn’t scheduling shifts correctly. At least two sergeants sit in the office all day, along with a detective and a secretary. The police report to the state there is little to no crime here. So what inside work needs to be handled? Trim the fat people, don’t ask taxpayers for more money.

  8. The Truth says:

    This is just nonsense. Now that the public knows their high taxes are paying for ONE police officer on at night is a long time coming. Its not only Bruce’s doing but commissioner Carney. Let one of these officers get hurt because he/she is working solo and see what that lawsuit price tag will be. I can see a lot of 0’s on that check. Either hire more officers or just give up the PD to the sheriff’s office, this is just ridiculous. Citizens need to make a stink at city hall and demand answers and action.

  9. Anonymousay says:

    Wow, I’m shocked – not really. We have an all American, blonde hair, blue eyed perpetrator pretty much caught in the act and not one comment from the peanut gallery about animals and arming yourselves and trash moving here and all the other double standard garbage. As a matter of fact he looks like he could be one of Mitt Romney’s sons.

  10. Jaime says:

    I’ve known him for two years and he’s been there with me through alot and he’s had a huge heart please dot put him away I don’t know what I would do with out him….

  11. Geezer says:

    Rapists enjoy prison very much. The fellow inmates are warm, caring, and
    make sure that they’re never made to feel lonely. It’s like the YMCA!

    And now for a special treat:

    “No man, does it all by himself
    I said, young man, put your pride on the shelf
    And just go there, to the Y.M.C.A.
    I’m sure they can help you today

    It’s fun to stay at the Y.M.C.A.
    It’s fun to stay at the Y.M.C.A.
    They have everything for young men to enjoy.
    You can hang out with all the boys.

    It’s fun to stay at the Y.M.C.A.
    It’s fun to stay at the Y.M.C.A.
    You can get yourself clean
    You can have a good meal
    You can do whatever you feel.

    Young Man, I was once in your shoes,
    I said, I was down and out with the blues
    I felt, no man cared if I were alive
    I felt the whole world was so jive

    That’s when someone came up to me
    and said young man take a walk up the street
    There’s a place there called the Y.M.C.A.
    They can start you back on your way.

    It’s fun to stay at the Y.M.C.A.
    It’s fun to stay at the Y.M.C.A.
    They have everything For young men to enjoy.
    You can hang out with all the boys.

    It’s fun to stay at the Y.M.C.A.
    It’s fun to stay at the Y.M.C.A.
    Young man, Young man, there’s no need to feel down
    Young man, Young man, pick yourself off the ground”

    Y.M.C.A –The Village People

  12. omg says: the middle of holding this girl down he was able to put on a condom..and still were it around. And they did not have to chase him down. Sorry but this does not sound right to me at all. Something is wrong with this picture.

  13. Brian says:

    Merge the Flagler Beach FD with the County Fire Department, and the Flagler Beach PD with the Flagler County Sheriff’s Office.

    Your quality of fire protection will go up dramatically, as each County firefighter is also a certified paramedic! With an ALS (Advanced Life Support) certified Engine Company, they can pretty much do everything the ambulance crew can do with the exception of take you to the hospital…..though they can do that in an emergency situation as well if needed.

    As for merging the FBPD with the FCSO, this can almost guarantee at least 2 or 3 deputies patrolling the city at all times, even at night! Your quality and level of protection against the criminal element just doubled, if not tripled! A real no brainer if you ask me!

    As for the Administrative “FAT” that needs to be cut…….why not start with the City Manager, and the City Commission? What exactly are we paying you a salary for? You guys really don’t do anything to benefit the city, other than complain about businesses wanting to better themselves and finding new ways to tax the crap out of everyone and everything! They should pass some kind of law that states in the event of a budget shortcoming, all executive level pay gets cut and applied to the shortcomings. For the cost of one city commissioner…….you could hire TWO police offiers, or TWO firefighters. Again……another NO BRAINER if you ask me!

  14. James says:

    In my opinion FBPD did a great job with what they had. Merging with the county would be a huge mistake for this small town. If you are going to blame anybody look in the direction of City Manager Bruce Cambell. It’s his bad decisions paired with those of the Flagler Beach city commission that put our frontline service men and women in such danger.

  15. Scary says:

    The accused was a counselor at the Flagler County Youth Center summer camp a couple of years ago. My daughter said he was a very nice young man.

    • joe c. says:

      I agree that James is a very nice kid…. I have known him and his other brothers and sister since they were born and they are all great kids…I don’t believe James is guilty . I am not sure if I know the alleged victim or the boyfriend who she had a fight with on beach before she met James at 3 am. Is it possible that her boyfriend gave her bruises when they were fighting ??? Is there a domestic violence history with the alleged victim ??? All I know is that not everyone at 3 am. after the bars close in Flagler Beach are telling the truth…or in the right state of mind…I believe the version James told the police because he is a nice kid…and he wore a condom…how do you put a condom on when your raping someone??? I hope the truth comes out of all this…Flagler Beach is a great place to be and I don’t think they need to hire more police because it is a small town not really a city. I feel safe in Flagler Beach even at 3 am.

  16. farmer says:

    [City Employee ] . Dont know the police policy but the dept is at least staffed as well as it has ever
    been.[ 15 plus administrative [ 2 ] No cuts plus they got a 3 %raise. For a town of 4400 is over the average for per resident so can;t. blame t this at ALL May be disgruntled empyoyees or one that is on paid leave forever as state can’t decide if he had huge problems with his wife.So get your stories straigh. Plenty of people on force !!!!!!!!t

  17. shena says:

    This story can be interpreted in so many ways I don’t know what really happened but this is a pretty simple yet interesting story

  18. LRM says:

    Just a thought, but maybe we shouldn’t advertise that we only have one police officer on duty at night. Someone might get the idea that it would be a good time to commit crimes!!! On the other hand, I did not know that fact and it is a good thing to know. Beware, if you think you are going to get quick attention should something happen. Nothing good about this story!

  19. Flagler native says:

    Someone said it before me…. 1 officer on between 3 and 6 maybe we should not have shared that little bit of information. That truly seems ridiculous more people in this town then ever. We should have one on north and south side at least.

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