ROANOKE TIMES

                         Roanoke Times
                 Copyright (c) 1995, Landmark Communications, Inc.

DATE: THURSDAY, May 24, 1990                   TAG: 9005230356
SECTION: CURRENT                    PAGE: NRV4   EDITION: NEW RIVER VALLEY 
SOURCE: NEAL THOMPSON NEW RIVER VALLEY BUREAU
DATELINE: CHRISTIANSBURG                                 LENGTH: Short


SENTENCES GIVEN FOR ASSASULT CHARGES

A Floyd woman and two friends arrested on charges of abducting a man who had raped the woman's daughter in September have been fined and placed on probation.

The three were Kenneth M. Kaye, 43, of Floyd, Richard K. Marshall, 38, of Hillsville, and the Floyd woman, whose name is not being published to protect the identity of her daughter.

They each had been charged with abduction and using a firearm to committing a felony.

But Assistant Commonwealth's Attorney Skip Schwab reached an agreement Tuesday with their attorney, Ed Jasie of Blacksburg, to have the firearm charge dropped and have the abduction charge reduced to assault.

Montgomery County Circuit Judge Kenneth Devore accepted the agreement and the three then pleaded guilty to the lesser charge of assault. Devore gave them each a year on probation and a $250 fine.

The three were arrested in September and charged with kidnapping Michael W. Caldwell from his Christiansburg apartment at gunpoint and forcing him into a waiting car.

They were stopped by police a few miles from Caldwell's apartment and arrested. They told police at the time that Caldwell had raped the woman's 13-year-old daughter, who lived in Radford. Caldwell also was arrested and charged with raping a minor.

In March, Caldwell, 27, admitted in court to having had sex with the 13-year-old at his Depot Street apartment last August.

He said that the girl voluntarily had sex with him. He also said that he thought her age was 19. He was found guilty of statutory rape and sentenced to six months in jail.



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