Brevard County sheriff slams judges who let convicted repeat offender out of jail before alleged rape

Sheriff slams judges who let convicted repeat offender out

Kelvin Johnson was arrested on Jan. 7 after the attack on Jan. 5. According to court documents, the victim was moving out of an apartment complex on Kurek Court when she noticed Johnson lurking nearby. He eventually cornered her in her doorway and pushed her back into her apartment where the alleged rape happened.

MERRITT ISLAND, Fla. - The Brevard County sheriff says an alleged violent rape could have been prevented in Merritt Island this week.

A woman said she was assaulted in her apartment while she was moving out of the complex.

The backstory:

Kelvin Johnson was arrested on Jan. 7 after the attack on Jan. 5. According to court documents, the victim was moving out of an apartment complex on Kurek Court when she noticed Johnson lurking nearby. He eventually cornered her in her doorway and pushed her back into her apartment where the alleged rape happened.

Tod Goodyear with BCSO says the suspect "grabbed her, threatened her with a knife and sexually battered her."

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She was able to escape and ran to another neighbor’s unit who helped her call 911. Witnesses who were interviewed after the attack say they heard "blood curdling screams" from a woman, but they didn’t know where they were coming from.

"The case in itself is disgusting. You’re talking an individual that stalked this poor victim, not only stalked but of course brutally sexually assaulted as well," said Sheriff Wayne Ivey.

The victim was able to get a good description of the suspect including his hair, what he was wearing and how he had gold teeth. Those descriptions helped deputies track down Johnson after speaking with other witnesses who also say he often hung out in the complex.

He’s facing several charges including sexual battery, home invasion robbery, violation of probation and aggravated assault.

Lengthy criminal history

The judge who presided over his first appearance noted the suspect had a lengthy criminal history with 30 arrests and more than 20 convictions. He’s only 39 years old.

According to court records in Brevard County, Johnson had multiple drug charges, trespass, battery, grand theft and out-of-county warrants.

However, his previous crimes weren’t violent. A criminal defense expert says that’s why he was allowed out on bond and on probation. The crimes weren’t serious enough to keep him locked up for good.

"This guy didn’t have any violent past. You can’t predict from somebody’s criminal record, especially when there is nothing violent that they’re going to commit another violent charge," said Brevard attorney Geoff Golub, who’s not affiliated with this case but did look at Johnson’s record.

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The sheriff argues it’s not about violent crimes but all crimes and someone with such a long criminal history should stay locked up.

"These people that are multi-offenders, career offenders need to sit in prison never to be released so that they can’t victimize anybody else," said Sheriff Ivey.

What's next:

The suspect was not granted a bond on the recent rape allegations, so he will stay behind bars on this case. His next court date is set for Feb. 3. Johnson's current charges could put him behind bars for life.