The District Attorney’s Office successfully presented evidence that this defendant should receive an aggravated sentence. The jury found the crime against the victim to be aggravated due to the victim’s age and physical infirmity. Upon the finding of this aggravating factor, The Honorable Timothy S. Kincaid, Superior Court Judge, imposed a sentence of 9 ½ to 12 years in prison, the maximum sentence allowed by law.
On May 19, 2010, between 5pm and 7:30pm, McFadden broke into the victim’s home at the Mayfield Memorial Apartments, a senior community. McFadden, who was 16 years old at the time of the crime, assaulted and raped the 83-year-old victim, then fled the scene. Officers developed McFadden as a suspect for an assault in March 2010 on another senior citizen and began to search for him.
McFadden was arrested on May 20, 2010, when officers responded to a 911 call reporting that the defendant was breaking into another home in the neighborhood. A mixture of the defendant’s and victim’s DNA was found on the victim’s bed as well as on a condom that was recovered in the defendant’s neighborhood.
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Charlotte-Mecklenburg Police Department Sexual Assault Unit Detectives have charged Robert McFadden, 16, with the residential break-in and sexual assault of an 83-year old female that took place yesterday on Daybreak Drive, located in the CMPD North Division.Officers responded to a call-for-service in reference to a residential break-in and rape. Medic transported the victim to a local hospital where she was treated and released. Crime Scene Search responded to the scene to photograph it and collect physical evidence.
This afternoon, Sexual Assault Detectives developed probable cause to arrest Mr. McFadden for the crimes. The Violent Criminal Apprehension Team (VCAT) was called upon to assist with the investigation.
Mr. McFadden’s apprehension came as the result of North Division officers responding to another residential break-in this afternoon on the 4900 block of Osage Circle. North Division Officers took Mr. McFadden into custody after a foot pursuit aided by CMPD’s Canine and Aviation Units. Mr. McFadden was transported to the Law Enforcement Center to be interviewed.
McFadden is charged with:
· 1 count of 2nd Degree Rape
· 1 count of 2nd Degree Kidnapping
· 2 counts of Felonious B/E
· 1 count of B/E Auto
· Order for Arrest for violating conditions of release
Mr. McFadden will be transported to the Mecklenburg County Jail where he will remain in the custody of the Mecklenburg County Sheriff’s Office. Detective D. Williams is the lead detective assigned to the case. Anyone with information about this incident is asked to call Crime Stoppers at 704-334-1600.