- The Enterprise
- The Recorder
Brian Edward McKay, who was charged with raping a then-13-year-old girl in December 2005, entered an Alford plea Friday in Calvert County Circuit Court.
An Alford plea acknowledges the state has enough evidence for a conviction but does not admit guilt.
Calvert County Assistant State’s Attorney Kathryn Marsh said in an email McKay, 34, of Lusby pleaded guilty to second-degree assault and fourth-degree sex offense.
McKay was sentenced to five years in prison, with all time suspended except for a finite amount of time, and is scheduled to be released from prison Jan. 3, 2013. Marsh said in the email McKay was given a release date so he would not be given any “good time” credit and released from prison early. McKay will have to register as a sex offender for 15 years, she said.
Marsh said the victim, who is now an adult, specifically requested the state make the plea agreement with McKay so she would not have to testify at trial.
McKay was indicted Dec. 19, 2011, on charges of second-degree rape, second-degree sex offense and third-degree sex offense. He was originally charged Feb. 25, 2006, with second-degree rape, second-degree sex offense and false imprisonment, but the Calvert County State’s Attorney’s Office dismissed the charges on April 24, 2006, because “forensic results related to the evidence from [the victim] and the crime scene had not been processed completely,” according to charging documents.
Marsh said the state was waiting on the DNA results before it could reopen the case and file charges against McKay.
McKay, then 27, visited a Huntingtown woman Dec. 21 or 22, 2005, according to charging documents. McKay was allegedly watching television with the woman’s then-13-year-old daughter on the daughter’s bed. Initially, other people were in the bedroom, but they eventually left, deputies said.
McKay then stood up and jammed a knife into the door frame, pinning the bedroom door closed, according to charging documents. McKay went back to the bed and allegedly raped the girl.
Several days later, the girl told her mother about the rape and the mother contacted the Calvert County Sheriff’s Office, according to charging documents.
Within hours of receiving the complaint, crime scene technicians retrieved the unwashed clothing the girl was wearing during the rape as well as the bed linen and comforter and sent them to the Maryland State Police Crime Laboratory for analysis, deputies said.
McKay was interviewed Dec. 29, 2005, at the sheriff’s office and asked why he had sexual intercourse with the girl, to which McKay allegedly replied, “I thought she was 17.” McKay said the girl’s mother told him she was 17, deputies said.
As the interview progressed, McKay “steered away from his earlier inferred admissions and then denied” having sex with the victim, according to charging documents.
On Dec. 30, 2005, deputies monitored several conversations between McKay and the girl. Deputies said McKay urged the girl to call the police and tell them she lied about McKay having sex with her.
McKay was arrested Feb. 25, 2006, and charged with second-degree rape, second-degree sex offense and false imprisonment, which were dropped in April of that same year. McKay would be recharged “after all of the evidence had been processed and the evidentiary value of the same had been confirmed,” charging documents state.
Det. H. R. Rich, of the Calvert County Sheriff’s Office, was reassigned to the investigation in April 2011 after the State’s Attorney’s Office requested the investigation be reopened after evidence from the crime scene was determined to be of value for DNA comparison, deputies said.
Rich collected DNA from the victim and her mother in July and from McKay in August after a search and seizure warrant for McKay’s DNA was issued. The DNA samples were sent to the MSP’s Forensic Sciences Division for comparison to the evidence collected from the crime scene in 2005.
The lab results came back in November 2011 as a positive match between McKay’s DNA and the DNA found on the victim’s bed linen and comforter in 2005, according to charging documents.
Deputies said they then spoke to McKay at his home and told him about the results of the DNA test. McKay allegedly mentioned “numerous other suspects that were implicated during the initial investigation,” and deputies told him there were no other suspects. McKay then stopped talking to deputies. McKay was arrested Dec. 1, 2011, according to online records.