Sexual Assault Charge Added in Boy’s Slaying

A prosecutor Wednesday alleged that Timothy Wilson sexually assaulted a 3-year-old Spring Valley boy before killing him and leaving the body in a dumpster on Aug. 13.

Deputy Dist. Atty. Kerry Hamor added a sexual assault charge against Wilson during Wednesday’s arraignment and put Wilson on notice that the district attorney may file special circumstances allegations, which could allow the death penalty.

Wilson, 22, pleaded innocent to the slaying of Luke Mackey and to forcible oral copulation.

Hamor recommended that bail of $2 million be set for Wilson, but San Diego Municipal Judge Joseph Davis refused to set any bail.

Allegedly Seen With Victim

Hamor said a witness saw Wilson carrying a child matching the description of the boy in the direction of Wilson’s van, where he had been living.

“We believe it’s a good, positive ID,” Hamor said.

A bloodstained knife was found in Wilson’s van in a search Wednesday morning by sheriff’s deputies, Hamor said.

“There’s blood on the knife; we don’t know what type,” said Hamor afterward.

The prosecutor also said there was medical evidence to support the oral copulation charge and that carpet fibers “highly similar” to fibers in Wilson’s van were found on the boy’s body, she said.

The prosecutor said additional sexual assault charges against Wilson may be added later, depending on the results of laboratory tests.

The boy had been stabbed several times, strangled and left in a dumpster at the Spring Valley Shopping Center. Wilson called police last Thursday to say he had found the body. He was arrested Saturday on suspicion of murder.

A preliminary hearing was set for Sept. 29 and a bail review for Monday.

Left in Car

The youngster had been at the shopping center with his mother’s boyfriend, Roddy G. Proctor, 40, who originally told police he had taken the boy with him into a supermarket, where the child disappeared. Proctor later said that he had left the boy in a car in front of a supermarket and that when he returned the boy was missing.

Hamor argued that Wilson posed a “substantial risk to the community.”

“He has very little ties to this community . . . and thus represents a real flight risk,” she said.

Wilson’s attorney, Jack Campbell, suggested that bail be set at $70,000 and disputed that he was a transient.

“Mr. Wilson has been in this community for 17 months. He is not a transient. He works at a car wash,” Campbell said.

Afterward, when asked about the evidence Hamor cited, Campbell said: “It’s news to me . . . . I haven’t seen any discovery.”

The prosecutor said one of the possible special circumstances that could be filed would be murder during a sex crime.

“There has been no decision made whether to file special circumstances,” Hamor said.

Later, San Diego police homicide Sgt. Chuck Curtis said that a knife that police believe was the murder weapon was found in Wilson’s van.

Curtis also said that a witness, who he would not identify, “gave us some information that was very helpful in making our determination.” He would not specify the nature of the information, but he said the witness did not actually see the attack.