CO CO - Kayleah Wilson, 12, Greeley, 28 March 2010 - #6

[human]

1. I am a grandmother. Ever since high school, I have known the term "jail bait." That meant someone having sex with a girl younger than 18.

It's not a new concept. If Robert didn't know it, then now he does.

I don't care if Kayleah looked like she was 45 years old. She was 12 and he knew it.

12. That is so young.

If she was pregnant, she might not have known it for a long time. There are adult women who have been pregnant that did not know it for quite awhile.

What is this world coming to when people think that 12 year olds can have sex or even 14 year olds?

I know it was common at the time of Romeo and Juliet, but people didn't much live past 30 years old.

Childhood-that's a concept we should start to believe in again.

 

[pufnstuf]

Since at 17 y/o the person is still a minor, maybe he didn't know it was against the law. Once he crossed over after his 18th birthday, then it really became a problem. In any event though, I don't agree with a 12 y/o having a boyfriend and sexual relations with said boyfriend, no matter how old he is. MOO

Same here. At 12, I knew the facts of life, but I was into climbing trees and riding four-wheelers... didn't even think about "dating" until I was 15, and wasn't allowed to, until I was 16.

Ok...back to Kayleah...

is the following true? (And please forgive me if I offend anyone with the terminology I'm about to use.)

1) According to April's spokesperson, she did not know that Kayleah was in a "relationship" with Montoya until February, when she told Kayleah to stop.

2) In media items immediately after Kayleah went missing(videos, in particular), there were several references that I can recall to "Kayleah's 17-year-old boyfriend." So police were aware of the "relationship," but...

3) Police did not arrest Montoya until after the autopsy on the day Kayleah's body was found--Wednesday, even though they could have, because he fit the Colorado statutes for statutory rape.

4) The autopsy provided "information." "At this point, its a matter of putting together information we got from the body," Tymkowych said (on Wednesday).

I think it's clear what was going on, and what the information was that police garnered from poor Kayleah's body.

 

[cluciano63]

As far as #3 above...police probably did not have proof of a sexual relationship until now...a boyfriend/girlfriend relationship does not have to sexual, in which case it would not have been illegal. But they found evidence and now he is charged, IMO.

 

[AnnieOakley]

Robert Laurencio Montoya, 18, of Greeley is considered a “person of interest” in the case, Tymkowych said. “...one of several persons of interest.” He is being held in the Weld County Jail on charges of the sexual assault on a child and sexual assault on a child as a pattern of abuse.

http://www.greeleytribune.com/articl...ntProfile=1001



The CO statute defining 'sexual assault on a child' is here: (others have already posted the statute contents, so I won't duplicate here)
http://www.michie.com/colorado/lpext.dll?f=templates&fn=main-h.htm&cp=
Sorry, you can't link directly to the page, so here's how to navigate it:
(click on Colorado Revised Statutes, then, Criminal Code (Title 18), then, Offenses against the person (Article 3), then, unlawful sexual behavior (Part 4), then, sexual assault on a child (18-3-405)


In the separate section for "definitions"- I found these two pieces to be pertinent to Kayleah's case...

(2.5) "Pattern of sexual abuse" means the commission of two or more incidents of sexual contact involving a child when such offenses are committed by an actor upon the same victim.

(4) "Sexual contact" means the knowing touching of the victim's intimate parts by the actor, or of the actor's intimate parts by the victim, or the knowing touching of the clothing covering the immediate area of the victim's or actor's intimate parts if that sexual contact is for the purposes of sexual arousal, gratification, or abuse.

http://www.michie.com/colorado/lpext.dll?f=templates&fn=main-h.htm&cp=
(This is located in the same list as 'sexual assault of a child" just a different section in Part 4- "Definitions" (18-3-401)

 

[pufnstuf]

On April MS page, she posted the video of the kids dancing, etc, in Oct 09...I wonder if Kayleah and RM were already an item then? It looked like her brother and a girl were dancing and then RM was there and Kayleah? did anyone else watch it? It is very hard to see, very blurry...maybe she thought they were just friends but they started up dating or whatever you want to call it, back then? And never really stopped at all...

I would say yes, since it appeared they came out of a room together with hands on each other, while mom filmed.

To me, I just see a lack of parental boundaries within the family. MOO.

 

[PickieChickie]

Same here. At 12, I knew the facts of life, but I was into climbing trees and riding four-wheelers... didn't even think about "dating" until I was 15, and wasn't allowed to, until I was 16.

Ok...back to Kayleah...

is the following true? (And please forgive me if I offend anyone with the terminology I'm about to use.)

1) According to April's spokesperson, she did not know that Kayleah was in a "relationship" with Montoya until February, when she told Kayleah to stop.

2) In media items immediately after Kayleah went missing(videos, in particular), there were several references that I can recall to "Kayleah's 17-year-old boyfriend." So police were aware of the "relationship," but...

3) Police did not arrest Montoya until after the autopsy on the day Kayleah's body was found--Wednesday, even though they could have, because he fit the Colorado statutes for statutory rape.

4) The autopsy provided "information." "At this point, its a matter of putting together information we got from the body," Tymkowych said (on Wednesday).

I think it's clear what was going on, and what the information was that police garnered from poor Kayleah's body.

I think you're right. My suspicion is that she was pregnant. I don't think there would be any evidence as far a semen goes any longer due to the amount of time her body was in the water.

I have a feeling they arrested him to have him in custody so he wouldn't flee due to believing he may have murdered her.

Clearly, if there is DNA evidence on her body, it will take time to get the results back as well as compare them to his.

I think they are banking on the fact that he won't be able to post bond.

IMO

 

[darlin gal]

Same here. At 12, I knew the facts of life, but I was into climbing trees and riding four-wheelers... didn't even think about "dating" until I was 15, and wasn't allowed to, until I was 16.

Ok...back to Kayleah...

is the following true? (And please forgive me if I offend anyone with the terminology I'm about to use.)

1) According to April's spokesperson, she did not know that Kayleah was in a "relationship" with Montoya until February, when she told Kayleah to stop.

2) In media items immediately after Kayleah went missing(videos, in particular), there were several references that I can recall to "Kayleah's 17-year-old boyfriend." So police were aware of the "relationship," but...

3) Police did not arrest Montoya until after the autopsy on the day Kayleah's body was found--Wednesday, even though they could have, because he fit the Colorado statutes for statutory rape.

4) The autopsy provided "information." "At this point, its a matter of putting together information we got from the body," Tymkowych said (on Wednesday).

I think it's clear what was going on, and what the information was that police garnered from poor Kayleah's body.

It could have been as simple as it was to LE's advantage to not arrest him until Kayleah was found or a body was located.

He was a POI, they may have been hoping he'd get loose lips and tell someone, something...or return to the scene of the crime. (leading them to her body)

Now that Kayleah's body was discovered, they locked him up and put a high bond on him. Perhaps they have not charged him yet, as they are waiting for all the results to come back on testing done via evidence they recovered and testing they sent out from the autopsy.

Just tossing out another theory.

 

[Noway]

How many times had she run away in the past? Do we know? Or was the half-brother just blowing hot air?

I'm sorry if this has been answered. Because I started following this case a few threads into it, I am reading Threads 1-5 again and just saw this.

I don't know if it was later shown this statement was incorrect, but I just read it and then read your post.

"She's never run away before," said Wilson. "I am worried she may be in danger because none of her friends have seen her, and it is like she just vanished, but that's not possible."

http://abcnews.go.com/US/kayleah-wilson-disappears-birthday-party/story?id=10250877&page=1

 

[cluciano63]

I don't know whether to hope RM killed her or not...I hate to think that Kayleah was killed by someone she liked and trusted...but also don't want to think someone else is out there, still free and possibly in the clear or far far away by now...someone with a penchant for this sort of thing...but I feel like LE already knows what they think is true and is just waiting to make appropriate charges...

 

[RubyRed]

ruby, I could not get much from the videos...was there anything that seemed out of line? I saw some dancing and at least one guy take off his shirt...

Yes, it is not an appropriate video. jmo
Thanks Spamelope for finding video.

http://en.netlog.com/go/explore/videos/videoid=en-3179678

 

[nursebeeme]

I meant, was there proof before, if he was accused and/or charged prior to this week as was reported someplace?

I tend to think that once her body was found and he was reinterviewed he "gave it up"... the timing of the charges and the body being found do not led itself to forensics being involved. I also tend to think they had other corroborating statements from others that knew of the sexual relationship

moo

 

[Angel4u2Whisper2]

According to the article they have been together, according to others for sometime. Aprox. 5 months?

:waitasec:
Does anyone know when Kayleah turned 12? They had been "dating" for awhile before he turned 18?

 

[cluciano63]

http://www.greeleytribune.com/article/20100522/NEWS/100529887/1051&ParentProfile=1001

This has probably been posted already...April Wilson insisting she "ended" the relationship as soon as she learned about it. I don't really understand that statement...how does a parent end a relationship a child has with another person? I believe her in her saying she did not approve, but how could she actually end it? Kayleah still had freedom to some extent and Mom could not be everywhere she went, and obviously it did NOT end. I think she means she told them to end it...that's not the same as ending it, and IMO, not sure what she could have done to actually end it, short of keeping Kayleah inside.

I do feel badly for April, as she is surely hardest on herself right now, harder than anyone else could ever could be. She couldn't have forseen this, IMO.

 

[RubyRed]

According to the article they have been together, according to others for sometime. Aprox. 5 months?

:waitasec:
Does anyone know when Kayleah turned 12? They had been "dating" for awhile before he turned 18?

bbm

According to the obit, her birthday is June 27.

Also they have her birthday as June 25, so obviously one is an error.

ETA: A funeral home needs to get the obit's correct. Goodness does anyone take pride in their work, anymore.

http://www.legacy.com/dignity-memorial/obituary.aspx?n=Kayleah-Wilson&lc=4184&mid=4261238

 

[BeanE]

Same here. At 12, I knew the facts of life, but I was into climbing trees and riding four-wheelers... didn't even think about "dating" until I was 15, and wasn't allowed to, until I was 16.

Ok...back to Kayleah...

is the following true? (And please forgive me if I offend anyone with the terminology I'm about to use.)

1) According to April's spokesperson, she did not know that Kayleah was in a "relationship" with Montoya until February, when she told Kayleah to stop.

2) In media items immediately after Kayleah went missing(videos, in particular), there were several references that I can recall to "Kayleah's 17-year-old boyfriend." So police were aware of the "relationship," but...

3) Police did not arrest Montoya until after the autopsy on the day Kayleah's body was found--Wednesday, even though they could have, because he fit the Colorado statutes for statutory rape.

4) The autopsy provided "information." "At this point, its a matter of putting together information we got from the body," Tymkowych said (on Wednesday).

I think it's clear what was going on, and what the information was that police garnered from poor Kayleah's body.

Good sleuthing, puf. Thank you for laying it out so clearly.

Makes me want to cry

 

[nursebeeme]

http://www.greeleytribune.com/article/20100522/NEWS/100529887/1051&ParentProfile=1001

This has probably been posted already...April Wilson insisting she "ended" the relationship as soon as she learned about it. I don't really understand that statement...how does a parent end a relationship a child has with another person? I believe her in her saying she did not approve, but how could she actually end it? Kayleah still had freedom to some extent and Mom could not be everywhere she went, and obviously it did NOT end. I think she means she told them to end it...that's not the same as ending it, and IMO, not sure what she could have done to actually end it, short of keeping Kayleah inside.

I do feel badly for April, as she is surely hardest on herself right now, harder than anyone else could ever could be. She couldn't have forseen this, IMO.

these are things I also wonder about. I am sure she told her daughter to cut it out and kayleah agreed but didn't follow her mother's instructions.

After watching those videos that her mother took of her son and his friends shirtless and gyrating around the living room ((and than posting it on the internet!)) I have to wonder if her "ending it" fell a little short. She most likely trusted Kayleah at her word. I wonder if she continued to let him come over to their apartment?

What would be interesting to know (since she says she ended the relationship in Feb but the END of the relationship was the day before she vanished.. on 28 march), is
1-where were they meeting up/having sex
2-obviously 28 march was the last day they had sex... so where was it?
3-did she let him continue to hang out their apartment?
4-was she telling her mother she was walking to the mall or to the library when she was really walking somewhere else? And if so where was that?

I feel badly for April that she put so much trust in the fact that she had ended it.....yet let her daughter continue to walk around town all on her own without a cell phone, etc. I bet she feels horrible. eta: the trust she put in her ending it was adult like; not suited to the pubescent mind/body of a 12 year old moo

 

[panthera]

I tend to think that once her body was found and he was reinterviewed he "gave it up"... the timing of the charges and the body being found do not led itself to forensics being involved. I also tend to think they had other corroborating statements from others that knew of the sexual relationship

moo

OK, what I'm confused about is did LE bring him in for more questioning after Kayleah's remains were found (before she'd even been positively identified) or did they pick him up on an arrest warrant for the sexual assault charges? I'm still thinking the timing was due to something the ME found....MOO

 

[BeanE]

I'm sorry if this has been answered. Because I started following this case a few threads into it, I am reading Threads 1-5 again and just saw this.

I don't know if it was later shown this statement was incorrect, but I just read it and then read your post.

Thank you, noway. You're a gem.

 

[nursebeeme]

OK, what I'm confused about is did LE bring him in for more questioning after Kayleah's remains were found (before she'd even been positively identified) or did they pick him up on an arrest warrant for the sexual assault charges? I'm still thinking the timing was due to something the ME found....MOO

we don't know when or if they questioned him. However, how would they have the specific date of the end of the sexual relationship as 28 march. That came from a statement imhoo. (I do not see that at all coming from forensics not to mention the time it would take to do lab tests. Also, have we seen warrant to seize his dna? what would they have to compare to?)

moo

eta: at the presser they said they were "already interviewing people they had previously interviewed" and there were several people they were very interested in.

 

[Calliope]

bbm

It is not something I would do. Everyone is different, though.

I know a dear woman who went online and posted the day her husband was killed. The people on the forum were her primary support system because outside of her husband, she really had no one else to turn to. She had no family in the area and few friends. The people she chatted with online were closer to her than anyone she knew in *real life*. Sad, but that may be more common than we'd suspect.