State goes to court to keep Yelm sex offender from being released from McNeil Island

A Thurston County jury will decide in coming weeks whether to release Johnny J. Davis from the Special Commitment Center on McNeil Island. Davis was convicted as a teenager of multiple sex offenses — including child rape and kidnapping.

Davis, now 34, has been held at the center since 2009, when a jury found that he was a sexually violent offender. At the time, he was ordered held until he could be safely released.

His attorney, Emily Hancock, argues that Davis doesn’t need to prove that he has changed to be released. Rather, the state Attorney General’s office must prove that a less restrictive alternative isn’t in Davis’ best interest, and that other conditions couldn’t adequately protect the community.

If released, the former Yelm resident would undergo sex offender treatment with Jeanglee Tracer, of Tracer Therapy in University Place.

Thomas Howe and Sean Hansen, of the Attorney General’s office, are working to prevent his conditional release to the community.

A trial before Thurston County Superior Court Judge Chris Lanese began this week.

In 1996, Davis was accused of sexually assaulting a 6-year-old girl. He was 13 years old at the time, and charged in Thurston County Juvenile Court with first-degree child rape. He pleaded guilty to the charge later that year.

He again pleaded guilty in 1999 to three charges involving a 4-year-old girl: first-degree child rape, first degree child molestation, and first-degree kidnapping with sexual motivation, according to The Olympian’s archives. He was sentenced to five years in custody at age 16.

In that case, Davis was accused of luring the girl with chewing gum, toys and promises of a fort, then assaulting her on at least 10 separate occasions.

At the time, Davis lived with his father and stepmother in Yelm. All of the victims lived in the same neighborhood.

"It's clear that Johnny is a sexual predator," said Pete Feliciano, Davis’ probation officer, at the 1999 hearing.

The Attorney General’s office first petitioned in 2004 to have Davis civilly committed as a sexually violent predator, according to court files. The state’s Sexually Violent Predator law was passed in 1990 and allows the Attorney General’s Office to petition for civil commitment beyond the time served for a sexually violent crime conviction.

“(The) respondent’s pedophilia causes him to have serious difficulty in controlling his dangerous behavior and makes him likely to engage in predatory acts of sexual violence unless confined to a secure facility,” reads an April 2004 document filed by assistant attorney general Malcolm Ross.

In 2009, a jury found that Davis was a sexually violent predator. He was ordered to be committed at the Special Commitment Center, run by the state Department of Social and Health Services on McNeil Island. There are currently 273 sexually violent predators there, according to a press release from the Attorney General’s Office.

Since his commitment, Davis has undergone several evaluations.

In a January 2015 report, Dr. Elizabeth Bain wrote that Davis had declined to participate in sex offender related programs. In recent months, he was depressed, defeated and increasingly isolative. She concluded that Davis is more likely than not to engage in predatory acts of sexual violence if not confined to a secure facility.

If released from the Special Commitment Center, Davis would be required to undergo treatment, according to a plan filed by Hancock.

He also would have to meet the following conditions: no contact with the victims of his past crimes, no contact with minors without written approval by therapist Tracer, no pornography or photos of naked children, and no physical or romantic relationships without written permission from Tracer.

He also would be banned from consuming alcohol or using drugs, and required to attend Alcoholics Anonymous meetings. He would be required to attend all of his therapy sessions.

This story was originally published September 21, 2017 at 5:34 PM with the headline "State goes to court to keep Yelm sex offender from being released from McNeil Island."