PIKEVILLE - A former Floyd county resident appeared in the Pikeville U.S. District Court Wednesday after a warrant was issued in the Northern District of Indiana.
David Lee Akers, of South Bend, Ind., was found guilty in July 2001 of sexual battery, a felony violation, and was sentenced to four years probation and forced to register as a sex offender for 10 years.
According to court records, Akers completed the sex offender registration form annually while he was living in Lorraine, Ohio, between 2001 and 2005.
At each registration Akers signed an “Explanation of Duties to Register as a Sex Offender,” where he acknowledged his responsibility to register with officials seven days prior to moving to another state.
Akers' last registration in Ohio was in January 2005, where he advised sheriffs that he would be moving to Floyd County, Kentucky.
In an affidavit by Laura McKesson, Deputy United States Marshal, it was stated that Akers registered with the Kentucky State Police through the Floyd County Probation and Parole office on August 3, 2005. Akers had no further contact with either Probation and Parole or KSP after that date. According to probation officials Akers was under the supervision of Pike County Probation and Parole.
According to McKesson, Akers resurfaced in South Bend in August, living with his mother and siblings. His mother and siblings, who believed he had registered as required, said he had been living there since 2006.
Commonwealth's Attorney Arnold Brent Turner said Akers was indicted In Kentucky in October and pleaded guilty to a charge of failure to maintain registration, which carries with it a sentence of two years.
According to Turner, aside from the state sentence, Akers also broke federal laws when he crossed state lines and moved into Indiana without registering.
“He may be facing a more severe charge from the federal government,” said Turner.
On July 27, 2006m President George W. Bush signed into law the Adam Walsh Child Protection and Safety Act, which created the National Sex Offender Registry and made it a felony not to register or maintain registry as a sex offender.
The National Sex Offender Registry can be viewed at www.familywatchdog.us.