Boone County Prosecutor says Wilson cold case will be charged under 1984 statutes
COLUMBIA, Mo. (KMIZ)
James F. Wilson, of Mooresville, North Carolina, was arrested in connection with the March 1984 rape and assault of a woman in northeast Columbia.
Boone County's Prosecuting Attorney Roger Johnson, filed charges against Wilson, 59, on Tuesday. Wilson has been charged with rape and first-degree assault. According to court records, those charges were unsealed on Thursday.
Despite the arrest happening recently, Wilson's case will be tried under 1984 statutes. Johnson said the charges in 1984 were attempted murder or attempt to knowingly cause serious physical injury.
"Legally, the criminal statues that were in effect at the time of an offense apply to the procedural statues at the trial apply," Johnson said. "When somebody commits a crime years ago, in a court case we have to pull those statues. And that's the law that governs the case."
Johnson said the first-degree assault charges are similar to charges now. However, the rape charges have changed over the years.
"Rape has been divided into multiple different levels," Johnson said. "Now, we have rape in the first degree, which is forcible rape. And that would be an unclassified felony and (sentencing would be) five years up to any number of years."
Wilson will have to face North Carolina's magistrate, where he will decide if he wants to waive his extradition rights. If Wilson choses to waive his extradition rights, he could be transported to Columbia to face trial soon. If he declines, Wilson will be entitled to hearing.
"You have to prove that that's the person who's charged, that they have outstanding charges," Johnson said. "If they declined to waive, it takes a very long time it has to go through our Attorney General's Office, our Governor's Office, the other state Governor's Office, the other state's Attorney General's Office, and to the local agency, where they actually do the hearing."
It should be known in the next couple of days which path Wilson will be taking.
"Next for us like any case, we'll continue gathering evidence and investigating in the process," Johnson said. "He would either have a preliminary hearing or the case would be presented to a grand jury."
