PANAMA CITY — A court hearing Thursday inched a high-profile case toward trial, setting further court dates for the defendants alleged to be involved in what authorities say was a gang rape during Spring Break.
Delonte Martistee, 22, and Ryan Calhoun, 22, are charged with sexual battery by multiple perpetrators while George Davon Kennedy Jr., 21, is charged as a principal to sexual battery. The three are alleged to have been involved in what law enforcement said was a “gang rape” in March on a crowded beach in broad daylight. On Thursday at a preliminary court hearing at the Bay County Courthouse, the three were ordered to return to court Aug. 12 to determine the status of the case.
The arrests stem from a video showing several men surrounding a young woman who appears to be incapacitated on a beach chair. The men talk about “Molly,” slang for the illegal drug MDMA, and comments to the effect of “she isn’t going to know” as she tries to push their hands away as they digitally penetrate her. According to the Bay County Sheriff’s Office, the victim did not remember the incident but wanted to press charges.
Authorities said Kennedy accompanied the victim to the beach, and Kennedy testified he knew the victim since grade school and was dating her at the time of the incident, court records show.
Kennedy is scheduled to appear in court July 17 to determine whether he will have an adversary preliminary hearing. Kennedy’s attorney filed a motion for the adversary hearing and the State Attorney’s Office filed a motion against the hearing.
According to the Florida Bar, an adversary preliminary hearing is applicable when a defendant “who is not charged in an ... indictment within 21 days from the date of arrest ... shall have a right to a ... hearing on any felony charge then pending.”
Witnesses are examined at the hearing while the defendant is present. The defendant is then able to testify on their behalf and may be cross-examined as well. Actions a judge can take from an adversarial hearing are hold the defendant to answer to the circuit court or release the defendant from custody.
If released from custody, however, the defendant still must appear at all court proceedings and does not void further prosecution.