Church Elders Make Gay youngster 16, Place Past Sexual Contact 26, in Jail

                                                                           

                                          

A 25-year-old man believed the boy he was dating was almost 18 when they first engaged in sexual activity, according to testimony. The boy was 14.

Judge Benjamin Wirtschafter ruled Friday that Devan G. Walsh, now 26, knew the boy was underage, and could be convicted of charges that he engaged in sexual activity with a teen 14 or 15.

The Yuba County Superior Court judge found Walsh guilty of two counts of oral copulation with a minor and two counts of lewd and lascivious acts with a child.

Wirtschafter found Walsh not guilty of two other counts of oral copulation with a minor that allegedly occurred two weeks after the other incident.

Walsh is scheduled to be sentenced March 16.

Walsh and the minor first met via the social media application "Grindr." The victim testified he told Walsh he was 17 when they met in person at Edgewater Park. He later said he was 16, according to his testimony.

The boy, referred to as "John Doe," said he and Walsh engaged in oral sex and other sexual activity.

He did not want to file a police report for the illegal sexual acts, he said, and he did not want to be in court.

The boy testified he felt guilty about his sexuality and went to church elders. His family, members of the Jehovah's Witness religion, contacted authorities after they learned of their son's homosexual activity with an adult.

Deputy District Attorney Shiloh Sorbello argued the boy is figuring out his sexuality in a time when his sexuality is not welcome by his church or welcome or known by his family. Walsh took advantage of the boy's sexual exploration, Sorbello said.

Walsh's defense attorney, Christopher Pallone, argued the boy has every incentive to lie about the sexual activity.

"I almost feel bad for him," Pallone said.

He is a 14-year-old gay boy in the Jehovah's Witness church, which does not believe in his lifestyle, Pallone said.

He said the boy was lying about the sexual acts because “he wants to take the heat off of himself."

Monica Vaughan mvaughan@appealdemocrat.com

Reporter Monica Vaughan at 749-4783 and on Twitter @ADCrimeBeat.