Neighbors worried about man once labeled a sexual predator

Members of a local neighborhood are raising questions after a man living in their area, who was once labeled a sexual predator, was removed from the statewide predator list.

James Capps, a man once convicted of raping a 13 year old girl, was recently removed from the Florida Department of Law Enforcement’s website of sexual predators.

This news was disturbing for Ronnie Hurst and his children who live in a home in a rural neighborhood close to where Capps resides.

Last year, police went door-to-door handing out flyers informing residents like Hurst of a new neighbor, James Capps.

Recently, neighbors have become confused and worried after noticing Capps’ name was removed from the FDLE’s website. With so many children in the area, they want to know if they have anything to fear.

“We need to know did he do the crime,” says Hurst. “That's all we want to know, so we can take special attention toward this individual, because if he committed this crime, he will definitely get my attention."

After serving three years of a nine year sentence, Capps' conviction was thrown out by a judge last August. His attorney tells us he was forced by a former attorney to enter a guilty plea, and the judge hearing his appeal agreed that Capps did not understand what he was doing.

The State Attorney's office says Capps is no longer classified a as a sexual predator, but charges against him are still pending.

Out of frustration, resident Tomi Smith has already sold her house, fearing the safety of her 5-year-old daughter.

“If he really didn't think he did anything wrong, why would he plead guilty. I wouldn't." says Smith.

The state is appealing the judge's decision which, for now, means Capps is not guilty in the eyes of the law. But his neighbors say if he got off the hook simply on a technicality, that still leaves too many questions as to whether he's really guilty or not.

Capps has been unavailable for comment, however, his attorney says the next time he is asked to enter a plea, it will be not guilty.

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