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2 guilty of tot's rape, 4 of home invasion

A jury convicted four Tampa men Friday on 54 of 56 charges relating to a home invasion and rape of a 2-year-old girl in August in east Pasco County.

Donald L. Haynes, 18, and William D. Kazakoff Jr., 16 were found guilty on the 14 charges they faced _ sexual battery, armed burglary, kidnapping and 11 counts of grand theft. Both were minors when the crimes occurred but were tried as adults.

Stephen Michael Gibson, 22, and Jacob Edward Doyle, 21, were acquitted of capital sexual battery charges, but each was found guilty of the remaining 13 charges.

All four stood silently and showed no emotion as the clerk read the verdicts.

"I thought it was a good verdict," Assistant State Attorney Jack Jordan said. "Absolutely."

Gibson, Kazakoff and Doyle were ruled habitual offenders. As such, they could spend the rest of their lives in state prison, prosecutors Jordan and Phil Van Allen said. Kazakoff also faces a 27-year sentence for several robberies committed in August.

Haynes had no prior convictions, but with Friday's three first-degree felony convictions he could face life in prison, Van Allen said.

The crimes occurred when the toddler's grandmother and grandfather were babysitting at their son's home in Blanton, a rural area northwest of Dade City.

The grandmother identified Haynes and Kazakoff in the weeklong trial and testified that Haynes took the girl from her, joined Kazakoff and went into a room. Haynes later returned the girl.

She could not identify Doyle or Gibson, but each confessed to detectives they had been there.

A doctor who examined the girl later found a severe tear in her genital area.

But there was no witness to the assault. The defense argued there was no physical evidence presented to link any of the defendants to the girl's injuries.

Jordan had asked jurors to find all four defendants guilty of sexual battery regardless of who might have committed the crime, suggesting that the law of conspiracy made them all guilty if the rape was a "foreseeable consequence" of the robbery they planned.

After the verdict, Jordan said he assumed jurors acquitted Gibson and Doyle on the capital sexual battery charges because they believed Haynes and Kazakoff molested the girl and the rape wasn't "foreseeable" by the other two.

As for the kidnapping, Jordan convinced the jury that all four were principals to Haynes' taking of the girl since it was a natural extension of the robbery all had planned.

The armed burglary and grand theft convictions were not surprising, as defense attorneys conceded to the jury Thursday that their clients should be found guilty of those crimes. They instead concentrated on the kidnapping and the sexual battery charges.

Haynes' attorney, Ric Howard, said his client's conviction on all charges was "not a surprise."

"Donny thought it might go this way," he said. "He was prepared for it. . . . But I'm certainly disappointed in the verdict. His life, for all intents and purposes, is over now."

Howard and Gary Urso, Kazakoff's attorney, said there was basis for appeals. They cited the lack of evidence on the sexual battery charges to the state being allowed to make a crucial change in the charges on the verdict forms.

Sentencing is scheduled for July 21.

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