Late on an October night in 2007, a 15 year-old boy was sleeping over at his brother’s apartment in the City of Ithaca in Tompkins County. Joezaya Berrios who was a family friend was also sleeping over. The boy was sleeping on the sofa in the family room and Joezaya Berrios was on the floor of the dining room. Galvin Lawton and Trevor B. Porter knocked on the door of the apartment where they were staying. Ms. Berrios was acquainted with both Mr. Lawton and Mr. Porter so she opened the door. The men entered the apartment without being invited. Ms. Berrios was not too concerned about letting them in since she knew the men. She went back to the dining room and laid back down to go to sleep again. She told the men to keep down the noise because everyone was sleeping. Once she had laid back down, she heard Mr. Lawton and Mr. Porter talking to the boy. She stated at trial that she heard them ask the boy who was 15 years old and barely five feet tall if he was a boy or a girl. He told them that he was a boy. It was very dark in the room and the boy stated later that he could not see the men’s faces as they towered over him. Mr. Lawton asked the boy in vulgar street terms if he engaged in oral sex. The boy told the men, who were both in their mid-twenties, that he only gave oral sex to boys who were his own age.
Mr. Lawton then lifted the boy up from the couch, by grabbing him under his arms and forced him to perform oral sex on him. Mr. Lawton then forced the boy to give Mr. Porter oral sex. While the boy was performing oral sex on Mr. Porter, Mr. Lawton removed the boy’s pants and began to have anal intercourse with him. The boy complained that it hurt and ran upstairs to wake up his brother. After telling his brother what had transpired, the police were called to the location. Both Mr. Lawton and Mr. Porter were arrested and charged with Criminal sexual act in the first degree and criminal sexual act in the third degree and sexual abuse in the first degree. Both men were convicted. Mr. Porter was sentenced as a second violent felony offender and received a prison term of ten years with ten years of postrelease supervision.