Cherokee Judicial Circuit Judge David K. Smith denied a motion to reduce bond for a Cartersville teenager facing one count of child molestation and one count of enticing a child for indecent purposes in Bartow Superior Court Tuesday morning.
Bartow County Sheriff’s Office (BCSO) records indicate defendant Kevin Macedo-Chavez has been held in pretrial detention at the Bartow County Jail since Aug. 12.
“Mr. Chavez is very young, he just turned 18 in May of this year,” said public defender Kelley Dial. “This would be slightly beyond the age difference that would make this a misdemeanor.”
Dial said the defendant has no previous criminal history.
“He is what I think they would term a ‘dreamer,’” she told the court. “He was brought into the country as a child, he does not have legal status and as far as I can tell from talking to him, has not availed himself of the permits that would give him some status.”
Dial said the defendant does have a United States Immigration and Customs Enforcement (ICE) hold. She asked the court to consider lowering the defendant’s bond from $15,000 to $10,000.
“I think this would be a situation with a young child that, legally, was not consentful, but that it was not forced,” she continued.
Cherokee Judicial Circuit Assistant District Attorney Suzanne Brookshire said the alleged victim in the case is 13.
“They had made some arrangements to meet one night, and speaking with both the victim and confirmed by the defendant, the defendant advised on the night that he met with the victim, he determined that she appeared to be under the age of consent,” she told the court.
Brookshire claims the defendant and the alleged victim engaged in sexual activity the next day.
“This was a disclosure that was pretty immediate, that launched this investigation,” she said. “We certainly think $15,000 is appropriate in this case.”
According to BCSO records, the alleged offenses occurred on Aug. 12.