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Judge orders arraignment in child enticement case

Two 13-year-olds who took the witness stand in Douglas County Court Wednesday remembered what happened in a Superior hotel room April 23, but only to a point. After drinking vodka and cranberry juice and smoking marijuana, both said, they lost track of things.

"Everything was blurry; I can't remember," one of the girls said.

When District Attorney Daniel Blank asked the other why she couldn't remember what happened, she was frank.

"Because I was drunk and fell asleep," she said. The girl also admitted to having "puked" in the room due to consuming alcohol that night.

One of two men accused of bringing the two girls and another 13-year-old girl from Duluth to the motel was bound over for arraignment following Wednesday's preliminary hearing before Court Commissioner Paul Baxter.

Marvell LeRoyce Mahone, 24, of Harbor Woods, Mich., faces three charges of being party to the crime of child enticement. Although both girls testified that Mahone was playing video games much of the time they were at the hotel room, they said he was the one who brought the vodka into the room.

Chief Public Defender J. Patrick O'Neill, who represented Mahone, argued that the other man drove the girls and Mahone to the hotel and that his client was only guilty of poor judgment.

"At best, the state here has made a case for providing alcohol to a minor -- a misdemeanor," O'Neill said. The girls poured the alcohol themselves, he added, and were not encouraged to do so. And the marijuana, according to one of the girl's testimony, was brought by one of the girls and smoked in the bathroom.

Baxter pointed out that during the approximately nine hours the five were at the hotel, marijuana was smoked and one of the girls drank to the point of vomiting.

"I reject the premise that all of this is going on and one person is involved in a video game marathon," he said, especially in a small hotel room.

According to the criminal complaint, Superior police officers found a pistol and several used condoms in the room as well as a bottle of vodka and a bottle of cranberry juice.

Mahone posted his $3,500 cash bond last week. Conditions of the bond include no contact with the three girls. The case was set for arraignment Nov. 13.

The other man charged for the incident, Christopher Darnell Wilson of Duluth, pleaded no contest Aug. 18 to one felony charge of manufacture/deliver THC, according to online court records. Five additional felony charges -- including three child enticement charges -- and two misdemeanor charges were dismissed. Wilson was sentenced to three years probation, 118 days jail time with credit for 118 days served and ordered to pay court costs and undergo a chemical dependency evaluation and follow through.