Teen: Baby Is Dukes'By CHRIS ECHEGARAY
The Tampa TribunePublished: Jun 13, 2007
TAMPA - The Devil Rays' Elijah Dukes will not be criminally charged for having sex with a girl - 17 years old at the time - who claims to be carrying the outfielder's baby, police said. The girl, now 18, was a foster child of Dukes' step-grandmother. She told investigators she had consensual sex with Dukes at his step-grandmother's house, Tampa police spokeswoman Laura McElroy said Tuesday. The baby is due Nov. 5, McElroy said. Since Dukes is 22, McElroy said, he will not face charges. "The young woman was very clear that it was consensual," McElroy said. "The way the law is written, a suspect must be 24 years old for it to be a crime." Florida law allows adults between the ages of 18 and 23 to have consensual sex with 16- and 17-year-olds.
Dukes never responded to an interview with authorities, McElroy said. Although he has not been arrested, Dukes is mired in legal trouble with a history of issues and recently a restraining order from his estranged wife. Dukes left a voice mail threatening his estranged wife and sent a picture of a gun to her cell phone, according to court records.
The Devil Rays rookie has fathered five children with four women. On Tuesday night, the player declined to comment. "Elijah will not comment on personal matters," Rays spokesman Chris Costello said. There also was no comment from Rays management.
Police said Dukes' step-grandmother, Johnnie Johnson, was being investigated by the Department of Children and Families, McElroy said. Johnson was not at home when the girl claimed to have sex with Dukes, McElroy said. There were no charges against Johnson because it is not illegal to leave a 17-year-old foster child alone in a house, he said. DCF Regional Director Nick Cox declined to comment on the case. Cox said that as with all foster cases they investigate, "We determine whether the allegations are substantiated." Cox said DCF also look at the family to see whether foster children are at risk. The Hillsborough County Sheriff's Department received an anonymous tip on May 28 about the girl being pregnant. It's the child protection arm of the sheriff's office that conducts DCF investigations in Hillsborough County. The case was later turned over to Tampa police.
Fast Facts - Elijah Dukes' children: Date of birth Mother Child Elijah's age1. Nov. 25, 2003 NiShea Gilbert boy 19
2. Dec. 3, 2003 Carla Bryant girl 19
3. June 7, 2004 Shantell Mitchell boy 19
4. June 16, 2005 NiShea Gilbert girl 20
5. July 19, 2006 Porcia Daniels girl 22
6. In process ? ? ?
Esoteric could run TV ads for a new law practice:"If you are a woman between the ages of 16 and 40, and you know Elijah Dukes, you may be able to make a claim for child support and alimony, and you could receive a restraining order. Call the Law Offices of Esoteric today for a free consultation."
