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Middle school students tell judge actions were part of a gang initiation.
Spotsylvania Juvenile and Domestic Relations Judge Phillip U. Fines then certified four of the six charges against Ellis, 19, to the grand jury. Those charges were two counts of taking indecent liberties with a minor and one count each of aggravated sexual battery and object sexual penetration.
One victim, a 13-year-old, told the judge that in the early morning hours of Oct. 6, Ellis told her she had to be "sexed-in" to become a member of the Crips.
She said she told him she wanted to join, she said, so he had sex with her in the kitchen of her parents' home while her friend was sitting next to her. Ellis' girlfriend was in the living room of the same house, asleep on the couch, the victim said.
The victim's friend, a 12-year-old, told the judge that Ellis also touched her inappropriately that night, against her will.
She said he told her he had to do it to gain her trust.
"I told him no," she said. "But I was scared."
The 12-year-old was adamant that she did not want any sexual relationship with Ellis and had no desire to become a member of the gang.
But the 13-year-old said she agreed to have sex with Ellis that morning and he tied a "flag" around her thigh. The flag, she explained, was a blue bandana used to signify that you are a member of the Crips.
Because the 13-year-old girl testified that the sex was consensual, prosecutor Brian Boyle and Ellis' defense attorney, Stacey Garcia, agreed that it was appropriate for Fines to drop the two additional charges against Ellis: a second count each of aggravated sexual battery and object sexual penetration. The only charge pending in relation to that victim is the indecent liberties charge because the girl is a minor.
Ellis' case will go before the grand jury May 18.
-Ellen Biltz, The Free Lance-Star