Sex offender given life sentence for videotaping young girls

By: JOHN HALL - Staff Writer | Wednesday, December 29, 2004 11:13 PM PST ∞

FRENCH VALLEY ---- A man classified as a "high risk" sex offender was given a potential life sentence Wednesday for videotaping two young girls in their Sun City bedroom last year.

David Kelly Moyer, 40, wept and periodically glanced toward the parents of the two girls as Superior Court Judge Mark A. Cope issued the prison sentence of 25 years to life.

Moyer pleaded guilty in October to two counts of annoying a child. The charges had been filed as felonies by the district attorney's office because Moyer had previous felony convictions.

Deputy District Attorney Carlos Monagas told Cope that Moyer has "spent his entire adult life victimizing children." The prosecutor said Moyer victimized two children in 1984, then four more children while on probation, and two others after being paroled from prison.

With the plea in October, Moyer admitted that in September 2003 he had videotaped two girls ---- ages 9 and 12 at the time ---- who lived near his Sun City home.

On Wednesday, the parents of the two girls addressed the court before Cope rendered Moyer's sentence.

The girls' mother told the judge that Moyer used his own stepchildren to lure her daughters to his home. She said she feels those three children have also become victims from Moyer's actions.

"It's obvious that he can't control his predatory nature," the woman said. "There is no doubt, if this man is given an opportunity, he'll offend again."

She fought back tears as she made a plea to the judge: "Sir, please protect our children."

The parents are not being identified because it is The Californian's policy to not identify victims of sexual abuse or their family members.

The girls' father then spoke, telling Cope he believes what Moyer did was "only the tip of the iceberg of his perverted activity."

He then told the judge that it was obvious that previous convictions, spending time in prison and then being on parole "accomplished nothing."

Moyer's attorney, Rajan Maline, painted another picture of his client, telling Cope that Moyer had led an exemplary life since 1996, citing the man's family life and employment.

"He had no contact with law enforcement up to the time of his arrest," Maline said. The attorney also said Moyer has a history of bipolar disorder and was clearly remorseful for what he admitted doing last year.

Maline had asked Cope to disregard Moyer's previous felony convictions when deciding what sentence to impose Wednesday. The prior convictions qualify as "strikes" under California's Three Strikes Law.

Maline argued that Moyer could have been charged with misdemeanors for his crime of videotaping the young girls and, as such, could have received no more than a year in county jail ---- not a life sentence.

The defense attorney called the possibility of his client going to prison for life because of what he did an "overblown" sentence.

The prosecutor, of course, disagreed.

Monagas told Cope that this isn't a case of someone stealing a piece of pizza and possibly deserving a lesser sentence under the Three Strikes Law.

"This man," Monagas said, gesturing at Moyer, "when he falters, it damages kids."

Before imposing a sentence, Cope told both attorneys that the court has to not only consider the crime charged, but also the defendant and the defendant's background.

Cope said that disregarding the previous convictions in Moyer's case wasn't justified.

"His priors were serious offenses against children," the judge said. He then imposed a sentence of 25 years-to-life prison terms to be served at the same time.

When Riverside County sheriff's deputies first became aware of Moyer after he was caught videotaping the young girls, they also discovered he had not properly registered as a sex offender, as required by state law.

Deputies found that Moyer, who was listed as a "high risk" sex offender based on his previous crimes, had not notified local authorities that he had moved to Sun City. Sex offenders are required to register with the local law enforcement agency anytime they move.

After discovering Moyer was living there, Sheriff's Department officials decided to hand out fliers stating that Moyer was living in the area to his neighbors, as well as to an elementary school about a mile away.

That led to an uproar in the neighborhood from parents who were outraged that Moyer lived near them.

Contact staff writer John Hall at (951) 676-4315, Ext. 2628, or jhall@californian.com.

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