Defendant in Walker Middle School rape case freed on theft charge

TAMPA — A judge on Tuesday released Diemante J. Roberts, one of four Walker Middle School students charged with sexually assaulting a flag football teammate, on an unrelated misdemeanor charge.

Roberts, 15, has been in jail for two months after he was arrested on a charge of stealing a gasoline can from a stranger's home. He has pleaded guilty, his attorney said, but has not been sentenced.

Circuit Judge Wayne Timmerman agreed to release Roberts on the condition that he wear an ankle bracelet and not leave home alone.

Prosecutors objected to releasing Roberts, saying the judge had made it clear when he released him pending trial on the rape charge that he should stay out of trouble.

Roberts' attorney, Lanell Williams, argued that his client has learned his lesson.

Timmerman agreed to give him another chance, but said, "if they catch him out hanging out on the street, like doing something stupid like stealing gas out of somebody's yard, he's not going to get out. You think I mean what I say now?"

"Yes, sir,'' Roberts replied.

"You better,'' the judge said.