A teenager charged with sexually assaulting and killing his 18-year-old stepsister on a Carnival Cruise ship surrendered Tuesday after a federal judge reversed his decision on pretrial release now that the teen is charged as an adult.
The US Attorney's Office in Miami confirmed that Timothy Hudson is in custody. US Magistrate Judge Edwin Torres filed the order to revoke Hudson’s pretrial release last Thursday, but the order was sealed until this afternoon. The order stated that Hudson should surrender to US Marshals at the federal courthouse in Tampa this morning.
The judge had ruled in February that the 16-year-old could live with an uncle and be electronically monitored. But after the case was transferred to adult court in April, prosecutors wanted Hudson in custody.
The judge ultimately agreed that the issue of Hudson's pretrial detention should be treated as if he was an adult, although Hudson will be held in an approved juvenile facility.
"The government has established, by clear and convincing evidence, that no condition or combination of conditions of release will reasonably assure the safety of the community going forward," Torres wrote in his order.
Hudson has pleaded not guilty to charges of first-degree murder and aggravated sexual abuse in the death of Anna Kepner. His federal public defenders have declined to comment on the charges.
Minors are rarely prosecuted in federal court, and this case landed there because Kepner apparently died in international waters, outside any state’s jurisdiction.
Kepner had been travelling on the Carnival Horizon ship in November with her family, including Hudson. Before the ship was scheduled to return to Florida, her body was found concealed under a bed in a room she was sharing with Hudson and another teen, a criminal complaint said.
The cause of Kepner’s November 6 death was determined to be mechanical asphyxia, which is when an object or physical force stops someone from breathing.
Attorneys for the prosecution and the defence made arguments for and against Hudson being jailed until his trial during a May 27 hearing, but Torres said he wanted to speak with the Marshals Service about the logistics of detaining Hudson in central Florida, closer to his family, rather than South Florida, where the trial is taking place. Hudson walked out of the courthouse after that hearing.
Assistant US Attorney Alejandra Lopez argued at the hearing that the crimes Hudson is accused of are so serious that the court shouldn’t risk another violent attack. An autopsy determined that Kepner had been pinned down and forcibly raped, the prosecutors said. She also noted that it likely took 3-5 minutes for Hudson to allegedly strangle Kepner until she was dead.
The prosecutor also argued that Hudson was a much greater flight risk because he now faces a possible life sentence if convicted of the adult charges. As a juvenile, he would have been released at age 21, regardless of what counts he was found delinquent on.
Evan Kuhl, with the Federal Public Defender’s office, told the judge during the hearing that Hudson has abided by the conditions of his release for months without issue.
Kepner's father, Christopher Kepner, previously released a statement, saying the family was placing "trust in the justice system to pursue the truth with care and integrity".
"The situation is deeply painful and complex for the entire family," Kepner said.
Anna Kepner was a high school cheerleader at Temple Christian School in Titusville, Florida, about 65km east of Orlando. At her memorial service in November, family members encouraged people to wear bright colours instead of the traditional black "in honour of Anna’s bright and beautiful soul".
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