Commonwealth’s Attorney Rick Boling wrote a letter on behalf of Dayton Jones to former Governor Matt Bevin as Jones’ family sought a pardon in the final days of Bevin’s administration, but Boling says it was poorly written and doesn’t reflect his own views.
Jones, Colton Cavanaugh, Sam Miller and Tyler Perry accepted plea deals in 2016 for a sexual assault of a 15-year old male at a party in November 2014 on Lafayette Road. The victim was treated for life-threatening injuries at a Clarksville hospital.
Jones’ deal included a 10-year sentence for one count of first degree sodomy, four years for one count of first degree wanton endangerment and a year for a charge relating to the video recording of the incident that was shared on social media. The sentences were set to run consecutively for a total of 15 years, but he was released last month when Bevin commuted his sentence to time served.
His three co-defendants also accepted plea deals to various charges related to the incident.
In a December 7 letter “on behalf of Dayton Jones and his application for a Pardon,” Boling tells Bevin that the only way Jones can clear himself of the conviction is through the granting of a pardon.”
He identifies Jones as the grandson of Tony and Jackie Jones and claims former Commonwealth’s Attorney Lynn Pryor and other ‘local elected officials’ were upset when the Joneses no longer supported the local Democratic Party.
Boling summarizes the events that led to criminal charges against Jones in his own words, noting “there were young adults from several very prominent families present.”
In one of the more controversial statements in the letter, Boling writes “This case was never a sexual assault.” His reasoning is a claim that “There was no sexual gratification involved.”
He continues with “This was intoxicated teenagers and people in their early 20’s being stupid and immature.”
Boling notes some of the co-defendants had their charges amended to where they were not required to register as a sex offender. He contends Jones should have been offered a plea of second-degree assault or only first-degree wanton endangerment.
Boling writes “This case does not pass the smell test” and adds Jones’ “biggest problem is that the Democratic Party controlled the prosecutor, the judge he stood before and Jones’ own attorney.”
He concludes the letter by saying “Dayton Jones made a mistake” and says Jones needed Bevin’s help to “fix the corruption that exists between the local Democratic party and Attorney General Andy Beshear’s Office.”
According to a lengthy story by the Courier-Journal, Assistant Attorney General John Heck said the allegations are completely without merit and he wasn’t aware of the Jones’ political party until he read Boling’s letter.
Heck prosecuted the case at its completion.
Bevin told The Courier Journal in December that he commuted Jones’ sentence because there was no evidence implicating him in the crime except statements from co-defendants seeking leniency.
Heck also told the paper that it was wrong for an elected prosecutor to try to undermine a conviction and that Boling’s letter to the governor was particularly suspect, given that he had taken large contributions from Jones’ grandparents.
Records show the Joneses donated a total of $3,000 to Boling’s campaign.
Boling issued a news release Thursday afternoon apologizing “to the citizens of Christian County for the embarrassment that I have caused this community in reference to the letter that was written.”
He says he was approached by the Joneses and it was his intent to express their beliefs and thoughts, though he acknowledges he failed specify that intent. He says he knows he cannot fix perception, at this point.
He continues that “As a member of this community, I have believed, from the beginning of this case, that all of the people involved should have been punished and punished severely and consistently” Boling says he believed as a member of the community the Jones case could have been handled as regular assault, since the prison sentence for assault and sodomy can carry the same prison sentence.
Boling says in his statement that he believes we have a “great court system of local lawyers, prosecutors and judges.” He also says he’s worked with and for Judge John Atkins for years and has never known him to let politics affect his handling of a case.
Boling says he did not write the letter in return for any political or monetary favors, he says he did it to assist the Joneses in getting their thoughts and beliefs on paper.
He concludes his statement by apologizing to the victim’s family for any part he played in the governor’s decision. Boling also apologizes to the community for what he says is conduct “not reflective of my normal self” and promises that nothing of this nature will ever happen again.
Full letter and news release are below:
