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Convicted Sex Offender Headed Back To Prison

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Posted: 10:53 AM Aug 25, 2008
Last Updated: 9:17 PM Aug 25, 2008
Reporter: Dave Jordan

30 comments

A | A | A

An Onslow County man is headed to prison after a court hearing this morning.

Joel Pettaway was given probation in 2004 after being convicted of raping and sexually assaulting his two children.

But in March 2007 the man was charged with DWI, and lab reports say he then tested positive for cocaine, violations of his probation.

A judge this morning ordered Pettaway to begin serving his original sentence of 19-23 months in prison.

ORIGINAL STORY
A young girl, who says her father repeatedly raped, and sexually assaulted her and her sister for most of their childhoods, is angry. She's angry with the sentence he got in the crimes, and angry that he out on the streets now.

Joel Pettaway admitted to the crimes in 2004, but only received probation and house arrest. Now the family is outraged, claiming Pettaway has violated his probation and is still on the streets.

Pettaway was charged in March of 2007 with a DWI -- and then according to lab reports tested positive for cocaine -- a clear violation of his probation, according to court documents.

Assistant district attorney Ernie Lee says Pettaway will now be cited for the violation but its not enough to the victim and her mother. They want him behind bars.

We tried to contact Pettaway by phone to ask him about the cocaine possession and probation violation. We did speak to his father, who denied his son tested positive for cocaine.

Pettaway's next court date is August 25th.

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Comments are posted from viewers like you and do not always reflect the views of this station.

Posted by: Garth Location: Wayne's World on Aug 26, 2008 at 09:50 PM
He should do his time with that woman that nearly castrated a man with her fingernails at a Christmas party, lol.

Posted by: Kay Location: Kinston on Aug 26, 2008 at 07:59 PM
19-23 months is definitely not enough time for the crimes this man has commited and after 19-23 months he may commit more crimes against somebody elses daughters.He should have at least 15-20 years!!!!!Or more!!!

Posted by: ordnanceman Location: greenville on Aug 26, 2008 at 06:44 PM
19-23 months?! He should have 10 years if not more!

Posted by: Concerned Location: Jacksonville on Aug 25, 2008 at 09:42 PM
Joel Petteway was sentenced in 2004 to house arrest and probation, but roamed the county like he was a free man. His daughters have lived in fear of him and his family for years. Joel and his family have tormented these girls and thier mother for years. His mother has repeatedly tried to contact the girls even though she has been ordered by the court to stay away. She rides by their home even though she does not live anywhere near them. Joel is the crimmal in this case, but it is the girls that are the ones that lost there freedom. It is about time he lost his freedom. It is ashame it is not for the rest of his life. This family has suffered enough. It is about time that Joel suffer for what he did to them.

Posted by: unknown Location: North Carolina on Aug 25, 2008 at 01:11 PM
"Jesse" why are you so concern about John Edward's sex scandal case? Stop being so darn nosey and mind your own darn business. This story has nothing to do with John Edwards.

Posted by: Jesse Location: Greenville on Aug 25, 2008 at 12:26 PM
*yawn* Does anyone care about John Edward's sex scandal? *yawn*

Posted by: Tod Location: 7 springs on Aug 25, 2008 at 12:19 PM
maybe the judge should go to for easy sentence and the probation officer too God bless those kids what sentence would he have gotten if he hurt the judges family members instead of his own?

POST EDITED

Posted by: Jaxmom Location: Jacksonville on Jul 28, 2008 at 09:01 PM
Jorge----comments are based on emotion and law. Probation has a job to do after sentencing. It is the job of the probation department to enforce the conditions of probation. The officer did not do his job in this situation. You need to wake up and face reality.

Posted by: Kat on Jul 28, 2008 at 01:15 PM
Yes there should be heavier sentences for real crimes like this, but they also over use the sex registry too. There are teenagers on there for BEING teenagers. There are people that deserve to be there, but there are also people that do not. And there life will be ruined forever. So though we do need stronger sentences for the real crimes like this one. They need to quit letting angry mothers take their daughter's or son's boyfriends to court.

Posted by: Rob on Jul 28, 2008 at 12:39 PM
He is on probation becuase the family had no choice after the girls were unable to testify. The family is happy with the work by the Judge and D.A. However, once on probation he was rarely drug tested...less than once a year. When he tested positive for cocaine, the probation officer refused to violate him after requests from the family and other state offices. Only after the media attention did probation change their minds. Petteway is a violent sexual predator that has used drug abuse as an exuse for his actions. He should have been violated without the family having to relive this horrid ordeal!

Posted by: Jorge Location: LaGrange on Jul 28, 2008 at 09:06 AM
state your comments based on law and not emotions. Probation has nothing to do with deals between the DA and defense lawyers, then approved by the Judge. This man is on probation for a crime, so now you want to blame probation for him being on probation..?? Set your emotions aside, look at it from the cut and dried, law and order perspective. Dont blame the judge, the DA.. Look at your sentencing guidelines folks.

Posted by: Matt Location: NC on Jul 27, 2008 at 11:51 PM
Why isn't any news media covering the John Edwards sex scandle?????

Posted by: concerned Citizen Location: Greenville, NC on Jul 27, 2008 at 11:05 PM
Probation seems to be a joke not only in Onslow county but Pitt as well, probably even wider spread than that. It seems this particular family has a problem with the law and probation in general, they all have DWI's take advantage of the system and use it to suit their needs, just check out the brother's record, the daddy is on the court calendar as well. I think they all should be taken a closer look at. And this poor girl deserves more justice than this....probation is merely a slap on the wrist for this terrible crime!

Posted by: Rob on Jul 27, 2008 at 02:32 PM
In this case probation IS the people to blame.

Posted by: Jorge Location: LaGrange on Jul 27, 2008 at 10:56 AM
You all need to listen to mr concerned. stop blaming probation for everything. The big picture here starts with sentencing guidelines. Where I'm from, he would have been serving 15 to 25 years. Here he gets probation. The justice system here over-uses probation.

Posted by: Jaxmom Location: Jacksonville on Jul 26, 2008 at 03:02 PM
The community was outraged in 2004. Unfortunately, you don't always end up with the verdict or sentence that would be more appropriate. The media attention regarding the probation violation has been a joint effort by many people to help the victims finally see justice for his crimes.

Posted by: Jeff Location: New Bern on Jul 26, 2008 at 01:31 PM
Should a victim have to go on TV before anyone helps? Does probation really care or are they simply trying to cover their backside?

Posted by: Concerned Location: ENC on Jul 26, 2008 at 11:18 AM
Write to your state representative, your state senator and tell them how you feel about this. Ask them to introduce and or support a bill that would remove the Division of Community Corrections (probation/parole) from under the direct supervision and control of the Department of Correction. The Department of crime control and public safety should be tasked with supervising this agengy. People of ENC, this is your bigger picture. There are sentencing guidelines that must be followed by judges. There are deals made by defense attorneys and D.A.'s on specific cases. There are policies and procedures that the probation officer and chief probation officer must follow before they even consider asking the court for a sentence to be activated. Sex crimes are high profile crimes, but under current policy, Mr. Petteaway will get the same chances and leniency as a person on probation for possession of narcotics, or breaking and enetering cases.. You dont like the rules?? change them!!

Posted by: concerned Location: ENC on Jul 26, 2008 at 10:53 AM
Probation, probation, probation and probation. the easy thing to do is to blame probation officers, the justice system, etc. The cold hard truth about probation and the policies in this state is that the Division of Community Corrections falls under the Department of Correction. If you think it's all about public safety you are dead wrong. Its policies and practices are geared to keep probation violators on the street and on probation. The Department of Correction is mainly interested in prison pupolation. Of course, they would never admitt to that. They want to keep prison numbers low and keep more offenders on probation. They save the state money doing this. If, for example, the probation and parole agency was under the direct control of Crime prevention and Public Safety, their policies would not be as liberal and lenient. This sex offender, Mr Petteaway, may violate his conditions up to a half dozen times before prison time is even considered.

Posted by: Ted Location: Greenville on Jul 26, 2008 at 07:59 AM
Where was the community outrage when this guy was convicted in 2004? I agree he should be in jail, but can't help but wonder why it's just now making news.

Posted by: Vr Location: New Bern on Jul 26, 2008 at 07:46 AM
If you were to look into Pettaway's life I wouldn't be suprised that his father assaulted him and his granddaughters. Maybe the judge and the probation officer should be accountable to someone. The system is broken and needs to be fixed. I'm sorry for the torment the young women have to go through.

Posted by: Obama 08 4 Prez nope he flip flopped! on Jul 26, 2008 at 12:00 AM
Drop him off in Afghanistan with no weapons and no Military support. No passport, no money. And act like he is dead to us. Forget him. His daughter's will never get their lives back, why should we care about his?

Posted by: smb Location: Grimesland on Jul 25, 2008 at 11:16 PM
The state needs to seriously overhaul their parole/probation system. Too many parolees are violating their probation and nothing is being done about it. Didn't we have to revisit this issue earlier this year with the death of Frankie Peaden, ie. a person on probation that failed multiple drug tests but was out on the streets anyway? How many people have to be harmed before the state will do something?

Posted by: SMP Location: Hubert on Jul 25, 2008 at 11:08 PM
It is cases like this that make me want to vomit!

Posted by: Deborah Kinley Location: Duplin Co. on Jul 25, 2008 at 09:09 PM
I am also mad that the Father sex offender isn't behind bars where he should be. With the sex offence along he should do time. But no he has the chance to do drugs ands drive on our streets. He has taken a good part of his girls lives away that they'll never get back. There is also a chance for him to do the same again. Does these surprise me?no, The courts are full of drug dealer's,and other ativity, same one's are on the court Schedules over and over again you'd think they would be in prinson.

Posted by: NC Marine Location: Jacksonville on Jul 25, 2008 at 05:27 PM
They need to make up a new word for this guy...

Posted by: Anonymous Location: Greenville on Jul 25, 2008 at 10:55 AM
Amazing! I was falsly accused of a domestic violence crime and incarcerated. 369 days later/trial day finally I was found NOT GUILTY. I applied for and received and expunction of the record. This guy is guilty and walking the streets? Is anyone holding the probation officer accountable?

Editor's Note: If you would be willing to share your insight into this issue, we would like to talk to you. Could you please e-mail contact information to desk@witntv.com?

Posted by: Reasons Location: Jacksonville on Jul 24, 2008 at 09:36 PM
The reason he only received probation is simple. The girls were so tormented during the first trial that they had a mental breakdown. The father's defense included horrible lies that crushed his own children in an attempt to get off. The girls could not testify and the plea was the best that could be done by the DA. It should noted that the DA is one of the heros in this case. The manner in which he handled the case and the complicated issues showed the victims that someone did care. The villains in this case are evident. Joel Petteway, his enabling parents, and the probation officer that refused to violate Joel and did nothing until the media told the public the what was happening. EDITOR'S NOTE: Slightly edited.

Posted by: Jaxmom on Jul 24, 2008 at 09:10 PM
It is amazing that Joel's father denies that he tested positive for cocaine when an SBI lab report confirms a positive result along with 4 other substances. How unfortunate that the probation officer has failed to do his job by not violating Joel's probation. I hope that justice is served on August 25 so that these girls can find peace.

Posted by: Gman Location: Winterville on Jul 24, 2008 at 09:07 PM
If this man was found guilty of repeatedly raping and sexually assaulting anyone, much less a minor (his own children) he should have been incarcerated to begin with. What justice system would allow a convicted rapist of minors to remain free? House arrest is not a deterent and in no way protects the victims of a crime. Prison overcrowding, or the theory of such, is NO excuse for allowing this degenorate have the freedom to be in society or have access to his victims. Now he has violated his conditions of probation and still is allowed to roam free. This is a prime example that North Carolina has serious issues that must be addressed in their criminal justice system. Who could blame these women for being outraged? And in reality who could blame them or what jury would convict them if they decided to take justice into their own hands? Criminals should not have more rights than victims, and victims should not have to endure thier rapist roaming free.

Posted by: E Davis on Jul 24, 2008 at 08:58 PM
This guy should be locked away forever. We should keep camp x-ray open after the terrorists are gone and put all the nasty sex offenders there!

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