EDITOR’S NOTE: Some of the information and evidence prosecutors refer to in this article is considered to be graphic and adult in nature. Additionally, a person is not guilty of a crime simply because there is evidence against that person nor because there has been an indictment. The jury in this case will determine guilt and, as of this time, Richard Hoyt Crawford Jr. is presumed innocent of the charges he is facing.
By Jerry Jordan, Editor
UPDATE: An Orlando jury in federal court found former NASCAR truck Series driver Rick Crawford on a charge of child enticement.
With the exception of closing arguments and a jury verdict the trial of former NASCAR truck series driver Richard “Rick” Hoyt Crawford Jr. is coming to a close with all prosecution witnesses and defense witnesses concluding their testimony Tuesday afternoon.
Crawford faces a minimum of 10 years in federal prison if found guilty following his indictment under federal statute 18 U.S.C. 2422 (b), “Whoever, using the mail or any facility or means of interstate or foreign commerce, or within the special maritime and territorial jurisdiction of the United States knowingly persuades, induces, entices, or coerces any individual who has not attained the age of 18 years, to engage in prostitution or any sexual activity for which any person can be charged with a criminal offense, or attempts to do so, shall be fined under this title and imprisoned not less than 10 years or for life.”
Crawford was arrested February 28 after extended electronic communications to meet with a supposed father and his notional 12-year-old daughter being offered for sexual favors in exchange for money.
CLICK FOR PDF: Rick Crawford Indictment 030718
Court began on the second day of testimony in Orlando Federal Court at 9:02 a.m. On the stand was, John Steven McElyea, the undercover agent with the FBI’s Violent Crimes Against Children Task Force. He continued his testimony from the first day of trial where he out how he posted a taboo sex ad on Craiglist and Crawford replied by sending him a photograph of his penis and a message stating, “Let’s do it. Clean fit 6 ft 180 BWC (BWC refers to Crawford’s genitals).” At that point in the exchange, McElyea sent a follow-up message to Crawford making it clear that he was offering his notional 12-year-old daughter for sex, in exchange for money and providing he could watch.
- McElyea wrote to Crawford: “FYI 50yo taboo dad(,) w 12yo daughter(,) shes into guys…im not(,) shes also accepts donations(,) if this isn’t you then to no need to reply(,) NO RP (No Role Play) here.”
- Crawford replied, “Lets do it. Let me know where.”
According to the evidence, the two then discussed exchanging money and over the course of two weeks, worked out arrangements to meet in a Lake Mary, Fl. Wendy’s parking lot. At the meeting Crawford asked if the underage girl was ready for him and upon exiting his truck, he was taken into custody by law enforcement.
Four other witnesses for the prosecution also testified Jacqueline Harkrader, Joanna Bailey, Kevin Kaufman, and Alexis Brignoni.
Harkrader and Bailey presented testimony regarding photographs of items found in Crawford’s truck following his arrest. Kaufman provided testimony regarding the iPhone used by Crawfod and the technical aspects of the device. Brigoni explained the encryption screen shots and extraction report from Crawford’s iPhone. Additionally, Brigoni verified and explained to jurors the iCloud registration, iTunes registration and AOL registration of Crawford’s iPhone that was used during the message exchanges with McElyea.
The court took a recess at 12:30 p.m. for lunch and resumed at 1:30 p.m.
Immediately following the lunch break, Crawford’s attorney filed a Rule 29 Motion requesting the judge rule for Crawford’s acquittal. The Rule 29 Motion is a procedural tactic used by attorneys to argue that the prosecution has not proven its case.
“After the government closes its evidence or after the close of all the evidence, the court on the defendant’s motion must enter a judgment of acquittal of any offense for which the evidence is insufficient to sustain a conviction,” cites the Legal Information Institute at the Cornell Law School. “The court may on its own consider whether the evidence is insufficient to sustain a conviction. If the court denies a motion for a judgment of acquittal at the close of the government’s evidence, the defendant may offer evidence without having reserved the right to do so.”
U.S. Judge Roy Dalton, Jr. denied the motion for acquittal and the government rested its case against Crawford.
Crawford took the stand in his own defense, as well as, having four additional witnesses testify on his behalf. Those witnesses included Hugh Thomas Praytor III, Larry Morton, Sean Randall and Thomas Sydney Preslar. Originally, Crawford listed 18 potential witnesses to be called.
During his post-arrest interview, Crawford said that he would not have gone through with having sex had there actually been a 12-year-old girl waiting for him.
CLICK FOR PDF: Rick Crawford Post Arrest Interview-Crawford
“I showed, I showed, I showed up,” Crawford said, during the interview. “Because it was a girl, you know, and, and as I would saw a girl underage, I mean, I would have scooted out of here.”
However, during the same interview, Crawford said of the message about the girl being 12-years-old, “I’ve seen it. I read it. Yeah. But I could not believe it. No sir. I could not believe it. Absolutely not. I think I’m big enough. I don’t think I should fit in a 12-year-old.”
Also, during one exchange between Crawford, McElyea and FBI Special Agent Rodney Hyre in the post-arrest interview, Crawford was upset the undercover agent had deceived him.
- McElyea: “But Rick. You hear what you just told me a few minutes ago. I said, you lied about your age. And you just said, so did you.”
- Crawford: “You lied to me. Yes you did.”
- McElyea: “You’re right. And you, and you didn’t think I was lying until you showed up.”
- Crawford: “No.”
- McElyea: “Thinking you were going to show up to meet a 12-year-old and her dad.”
- Crawford: “You lied.”
- Hyre: “Are you upset he lied?”
- Crawford: “Yes.”
- Hyre: “You are upset he lied. Because if he were telling the truth that would’ve been a 12-year-old. And right now you’ll be having sex.”
- Crawford: “No. Right now I should have been in the truck.”
The defense put on about two hours of testimony and rested its case before the jurors were excused for the evening.
Crawford’s attorney, Mark Horowitz, then renewed his Rule 29 Motion and, again, it was denied by Judge Dalton. The two sides then held a conference to discuss the jury’s “charge” and court was recessed for the day at 4:31 p.m.