Cary police search Apex man accused of beating, rape

Cary police took cheek swabs, hair combings and blood from a 17-year-old charged with attacking a Cary couple in their 60s. Their search warrant, released Friday, provides more details about the alleged attack.

Posted 2:54 p.m. Oct 3, 2008 — Updated 10:44 p.m. Oct 3, 2008

CARY, N.C. — Cary police took cheek swabs, hair combings and blood samples from a 17-year-old Apex man charged with attacking a Cary couple in their 60s this past weekend, and they photographed him.

In backing up their request for a search warrant, released Friday, police also gave more details about the alleged attack.

Police charged Gavin John Clevesy, 17, of 311 Milky Way Drive, with first-degree rape, first-degree sex offense, first-degree breaking and entering, first-degree kidnapping, assault with intent to kill and simple assault.

He was being held in jail under a $2.5 million bond.

Investigators said Clevesy was intoxicated when he left a party in the MacGregor Downs neighborhood shortly before 9 p.m. Saturday and began knocking on doors.

A couple in their 60s was watching TV at their home on Edinburgh Drive when they heard the doorbell ring, according to the search warrant.

The husband, who is 67, went to the front door and unlocked the deadbolt, police said.

Clevesy "immediately forced entry into the residence" and "assaulted (the husband) to a degree that (the husband) was disabled," according to the search warrant.

Clevesy then assaulted the wife, who is 66, police said. He attempted to sexually assault the woman inside the house, but was unsuccessful, police said.

The husband got up and attempted to defend his wife and himself, police said. The wife ran out of the house as Clevesy attacked the husband a second time in a "more violent nature," according to the search warrant.

Clevesy hit the man over the head with a statue, the warrant said.

The wife fled the house but was unable to find help. Clevesy ran out after her, grabbed her and forcefully took her to a wooded area nearby, police said.

"Clevesy forced (the wife) onto the ground in the wooded area," where he sexually assaulted and raped her, according to the warrant.

Passers-by saw the assault taking place, stopped it and detained Clevesy until police could arrive, police said.

"He's out there raping the girl," a woman told a 911 dispatcher. "More people are gathering around. My husband is hollering at him to get away from her."

Donnie Bass, who lives in Clinton, and Timothy "Dale" Smith and Justin Smith, both of Garland, were headed home from a wedding reception when they witnessed the assault.

“We just did what we would hope anyone would do for our family,” Bass told WRAL News.

"Them intervening helped us greatly in bringing a quick resolution, not only to the two victims but (also) the other people in our community," said Capt. Michael Williams of the Cary Police Department.

The husband and wife were treated at WakeMed and released.

Clevesy's parents declined to comment Monday after their son's first court appearance.

Clevesy pleaded guilty in March to communicating threats against a person in Cleveland County, according to court records. He was placed on probation for 18 months and was ordered to be assessed for anger management, to stay off Cleveland County school property and not to assault, threaten or harass a certain individual.

He also was put on probation in June after being convicted of disorderly conduct and possession of drug paraphernalia in Onslow County, according to state records. He has a conviction in Wake County for a hit-and-run accident that damaged property in May 2007.

Clevesy requested a public defender. His next court appearance is scheduled for Oct. 20.

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