Devlin to Admit He Kidnapped 2 Boys

Oct 06, 04:36 AM

Current Headlines: By Robert Patrick, William C. Lhotka and Tim O'Neil, St. Louis Post-Dispatch

Oct. 6--Michael J. Devlin, the former pizza parlor manager who was arrested during the riveting rescue of two boys he allegedly had kidnapped and sexually assaulted, is scheduled to plead guilty next week in appearances at four courthouses, according to prosecutors and court officials.

The pleas are the result of coordinated negotiations among four prosecutors' offices and lawyers for Devlin, 41, of Kirkwood, who faces 86 counts among the jurisdictions.

He has been jailed since Jan. 12, when police officers went to his apartment in search of William "Ben" Ownby, 13, of Beaufort, who had been kidnapped four days earlier.

The rescuers were shocked to also find Shawn Hornbeck, now 16, who disappeared while riding his bike near his home in Richwoods, about 40 miles south of Beaufort, on Oct. 6, 2002 -- five years ago today. The double rescue quickly became international news.

Shawn and his parents, Craig and Pam Akers, even appeared on the Oprah Winfrey show on Jan. 18, not a week after the rescue.

Officials said Devlin is scheduled to appear at 10 a.m. Monday before Circuit Judge Stanley D. Williams in the Franklin County Courthouse in Union, where he faces charges of kidnapping and armed criminal action in the abduction of Ben.

Franklin County Sheriff Gary Toelke had been the lead investigator in the search for Ben -- and the law officer who broke the news to reporters that officers also had found Shawn.

At 9 a.m. Tuesday, Devlin is scheduled to appear in the Washington County Courthouse in Potosi to plead guilty, said Prosecutor John Rupp. He declined to be more specific, but Devlin faces seven counts, including kidnapping, attempted murder and sexual assault of Shawn. Richwoods is in northern Washington County.

At 1:30 p.m. Tuesday, Devlin is scheduled to appear before St. Louis County Circuit Court Judge Mark Seigel to answer 71 charges, including kidnapping and sexual assault. From there -- later that afternoon or on Wednesday -- he is to be taken to the federal courthouse downtown to plead guilty to six federal counts, including producing child pornography and taking a child across state lines for sex.

"Upon conclusion of the proceeding in U.S. District Court, Devlin will be returned to the custody of the state of Missouri for transportation to the appropriate facility," St. Louis County Prosecuting Attorney Robert P. McCulloch said.

Sources among the prosecutors said Devlin is to receive multiple life sentences through the plea arrangements, which the judges must approve.

Announcement of the pleading schedule came at the end of a week of negotiations among the lawyers. Both sides had declined to discuss any progress or prospects, but a hint of developments surfaced Monday, when defense lawyers asked Circuit Judge Sandy Martinez in Potosi for a continuance on a hearing about jury selection.

A defense lawyer said talks were under way, and Rupp said he had agreed to the delay at the request of McCulloch, who was coordinating negotiations among the prosecutors.

Ethan Corlija, one of two co-leaders of the defense team, said Friday that Devlin would appear in the court hearings "for disposition hearings." He declined to be more specific, but added, "I can say that the case will be concluded in some form or fashion."

Corlija said Devlin would appear in person in court. Since his arrest, Devlin has entered appearances in court hearings only via television hookups from jail to courtroom. He remains in the Franklin County Jail in Union, where he has been nearly the entire time since his arrest.

Until the arrest, Devlin was a portly, scraggly- bearded manager at the Imo's pizza restaurant in downtown Kirkwood. He grew up in Webster Groves, graduated from Webster Groves High School in 1984 and lived in a small apartment in the 900 block of South Holmes Avenue in Kirkwood. That's where police found the boys.

The search for Ben Ownby focused on Devlin during a weeklong search for a white pickup that Mitchell Hults, a friend of Ben's, had told deputies he saw driving away about the time Ben disappeared. It was the kind of truck Devlin owned.

Devlin pleaded not guilty in the three counties but never had been arraigned on the federal charges. Until this week, the case had moved through occasional hearings in the Franklin and Washington courthouses. Devlin's lawyers entered a not-guilty plea in Clayton on his behalf.

Spokesmen for the victims' families warmly greeted the news of a resolution next week.

"Obviously, we're elated," said Scott Sherman, attorney for Shawn's family. "But, until it's done, we're still a little reserved. If it all goes the way it's advertised, it would be the best of everything for everyone."

Sherman said Craig Akers was celebrating his own birthday Thursday when he got the news. Sherman said the family had gone out of town for the weekend and planned to mark today's fifth anniversary of their son's abduction.

"It's all coming full circle," he said.

Toelke, the Franklin County sheriff, said he spoke to Ben's family Friday morning. "They were very happy that Ben didn't have to go through the court process," he said.

Toelke and Sherman said family members would attend the court hearings. Sherman said Craig and Pam Akers would not make a public statement until the case was resolved.

"This is justice for Ben and Shawn," Sherman said. "We've always wanted this day for both of them."

Loyd Bailie, an uncle of Ben's, said the family was in Branson, Mo., this weekend and heard the news from prosecutors by telephone shortly before they entered Silver Dollar City, an amusement park.

"Right now, we're doing great," Bailie said Friday. "As long as this guy doesn't see the light of day ever again, it's going to make everyone real happy."

Some information for this report was provided by Aisha Sultan of the Post-Dispatch

rpatrick@post-dispatch.com -- 314-621-5154

blhotka@post-dispatch.com -- 314-615-3283

toneil@post-dispatch.com -- 314-340-8132

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