People v. Nealy CA5

FACTS

One day in late March or early April 2011, K.B. “ditched” school with a friend. K.B. was 15 years old and her friend was 16. As they walked down a street, they passed by Nealy’s house, and he invited them over to hang out. The girls kept walking, and Nealy got in his car and drove toward them. He continued talking to the girls and asked their names. Later that day, the girls went to Nealy’s house. Nealy invited them in, and they went to the kitchen. He offered them wine. K.B.’s friend took a sip and gave the glass to K.B, who drank the rest of the wine. K.B. told Nealy she was 15 years old. A car pulled up to the house, and Nealy took the girls to the backyard. According to K.B.’s friend, Nealy told them, “My wife and my son are home, you have to go through the back, and I’ll get you guys in a minute to walk you through.” After about five minutes, Nealy got the girls, and they left the house. The girls started walking by themselves, and then Nealy picked them up in his car. The three of them went to the store and bought alcohol. Nealy drove the girls to a park where they drank and talked. Nealy took the girls to All further statutory references are to the Penal…