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Left: Bernard Abney allegedly appears in surveillance footage; Right: the defendant appears in a booking photo. (Foley Police Department)
An Alabama man arrested after the stabbing and attempted rape of a woman in a park earlier this month was granted early release from prison on a prior rape conviction from nearly two decades ago, authorities say.
Bernard Christopher Abney, 40, is currently charged with a Sex Offender Registration Notification Act violation, according to Mobile County Sheriff’s Office records reviewed by Law&Crime.
The defendant is also the prime suspect in the stabbing of a 21-year-old woman who was attacked in Heritage Park during the late afternoon on Jan. 17, according to a series of press releases and wanted posters issued by the Foley Police Department on Facebook.
After releasing several different images alleged to be Abney culled from various surveillance videos, he was arrested on Saturday.
“We are relieved that he is in custody and appreciate all the hard work by the many agencies involved as well as the media and citizens of our local communities,” Foley Police Chief Thurston Bullock said in a press release.
At around 5:40 p.m. last Wednesday, a woman ran to a local business and said she had been attacked. After the initial 911 call, police described her as having suffered “non-life threatening injuries” including “stab wounds to the left forearm, left torso and left thigh.”
The incident is alleged to have occurred along the Wilbourne Antique Rose Trail, just east of Alabama State Route 59, police said.
The trail itself is highly landscaped and lined with hundreds of roses, according to a recreation website, and runs through Heritage Park and downtown Foley, near the city’s central business district.
“We have learned that the suspect was around the park before the assault,” police said in an update. “At this point in the investigation, the victim does appear to be a random target of opportunity.”
In multiple photos posted by law enforcement, the man eventually identified as Abney appears to be riding a blue bicycle and wearing dark-colored clothes and a beanie. Police highlighted the man’s clothes and method of transportation, first referring to him as “a person of interest.”
“Detectives have eliminated several individuals in this case and continue to follow up on all leads,” Foley police wrote in a third update.
Bullock said Abney turned himself in on Saturday night, according to Mobile-based Fox affiliate WALA.
Court documents obtained by the TV station and AL.com reportedly show that Abney was sentenced to 20 years in prison after pleading guilty to one count of rape in the second degree in 2005.
In that earlier case, which occurred in 2003, Abney is alleged to have raped a 16-year-old girl at gunpoint in a vacant lot after she and her friend refused to give him and another man their phone numbers. Abney was originally charged with first-degree rape and credited with over a year’s worth of time served when he took the 2005 plea deal.
In 2021, a sentencing reform measure intended to address understaffing and overcrowding expedited early release schedules for certain inmates. This measure allowed Abney to be considered for such release in January 2023. On Jan. 31, 2023, he was released along with 369 other state prison inmates, according to AL.com.
Overall, Abney’s release schedule was expedited by some six months.
Abney will be charged with one count of assault in the second degree and one count of attempted rape in the first degree, police said.
Still, local officials in Foley took the opportunity to blast the prison reform law — while thanking law enforcement.
“I am very proud of our police force and the team effort to bring it to a close with an arrest,” Foley Mayor Ralph Hellmich said. “These types of crimes are extremely rare in our community but when they occur, they cause great anxiety. It is no surprise to me that our men and women closed this difficult case quickly.”
“I am, however, disappointed in our state system for allowing an early release of a person who has not been rehabilitated into society,” the mayor added.
