Editor’s note: Some readers may find the details and allegations included in this article disturbing.
EDWARDSVILLE — Madison County prosecutors are seeking to have a man who allegedly had sex with a puppy declared a sexually dangerous person, but one psychologist has found that he is not.
The psychologist, a court-appointed expert, has found that Terry W. Davis, 43, formerly of Alton, is not a sexually dangerous person, as defined by law, but a decision on that matter awaits the opinion of another psychologist. The results of psychological examinations are not open to the public, but the law requires two examinations by experts.
State law lists several specific factors as to what constitutes a sexually dangerous person. Among the factors are whether he has serious mental difficulty controlling his behavior.
Under the law, if he is declared a sexually dangerous person, he may be confined to treatment as a result of a civil, as opposed to a criminal, proceeding. He would be entitled to a civil jury trial, but the rules of evidence would be the same as in a criminal case.
If found a sexually dangerous person, a defendant could be confined to the Illinois Department of Corrections until he is found to be no longer dangerous. If he is found to be no longer dangerous, the director of the department may order him released under supervision.
If he is found not to be a sexually dangerous person, the case would proceed as a criminal case.
Davis has also been examined and found fit to stand trial. His attorney argued that he is on Social Security disability for anxiety and depression and has trouble sleeping and staying focused, but a judge determined those factors are not sufficient to find him unfit.
“The client was hit in the head with a steel pipe last year and ever since said incident, he has had blackout spells, dizziness and memory loss,” a court document filed by Davis’ attorney on May 22 claims.
Alton police last October said Davis’ case was the first they had seen in years on the job.
Davis was indicted on three counts of sexual conduct with an animal. The charges claim he performed three different sexual acts with a female Rottweiler puppy.
Authorities said that after the incidents, the dog became aggressive and had to be put down. It was the owner’s decision and not a part of the legal matters.
Davis was also charged with unlawful failure to register as a sex offender. His alleged failure to notify police that he moved gave rise to the failure report charge.
Davis’ former roommate and owner of the dog allegedly witnessed the sexual acts.
However, at his initial appearance in the matter, Davis firmly denied the acts. He has pleaded not guilty and remains in the Madison County Jail in lieu of $50,000 bail.
Davis has a record of sex offenses dating to 2003, when he was convicted of criminal sexual abuse by use of force. He has two convictions for failure to report a change of address as a registered sex offender.
Sanford J. Schmidt can be reached at 618-208-6449 or Twitter @SanfordSan.