Victim was only 14-years-old when defendant raped and molested her

Atlanta–Fulton County District Attorney Paul L. Howard, Jr., announces the CHILD MOLESTATION, RAPE STATUTORY, AGGRAVATED CHILD MOLESTATION, SODOMY, and ENTICING A CHILD FOR INDECENT PURPOSES conviction, by a Fulton County Superior Court Jury, of 45-year-old KHABIR DANIEL.

On Wednesday, July 25, 2018, the Atlanta Police Department responded to a suspicious person call along Carter Street in Atlanta. Upon arrival, the responding officers met with the individual who made the call. The individual said he observed an ice cream truck parked in a vacant lot nearby. The individual said the ice cream truck was rocking in a back and forth motion, and he believed there were people inside engaging in sexual activity.

The responding officers approached the ice cream truck and knocked on the door. Khabir Daniel appeared from the rear of the vehicle, opened the passenger door, and at that point, the officers asked Daniel what he was doing. Daniel claimed he and his “girlfriend” were in the back of the truck stocking shelves. The officers asked Daniel if he could step out of the vehicle. As Daniel exited the vehicle, the officers could see the defendant had a visible erection.

Daniel attempted to claim he and his “girlfriend” were just kissing inside the ice cream truck. However, when officers spoke to the girl they could clearly see she was very young. The victim admitted she was only 14-years-old.  Following this encounter with police, the teenager was forensically interviewed by the Georgia Center for Child Advocacy. During the interview, the victim said she had worked for Daniel in his ice cream truck since June 15, 2018. The victim said during the month of July, the defendant placed his mouth upon her vagina and had sex with her.

In a number of jail calls following Daniel’s arrest, the defendant said to his wife,

“I should have pulled away from that little girl, but she was like a drug. It’s like an addiction. These are urges that I have deep inside me.”
Khabir Daniel, Defendant

 Daniel has been arrested (28) times previously and has (6) prior felony convictions including Burglary and Child Molestation in DeKalb County and three drug-related convictions in Cobb County.

Daniel was convicted of CHILD MOLESTATION, STATUTORY RAPE, AGGRAVATED CHILD MOLESTATION, SODOMY, and ENTICING A CHILD FOR INDECENT PURPOSES.

Daniel was sentenced to
25 years to serve in prison with life on probation.   

 Judge Kimberly M. Esmond Adams, of the Superior Court of Fulton County, presided over the case. Assistant District Attorney Kenneth Mitchell led the prosecution of the case. He was assisted by Senior Assistant District Attorney Brett Pinion, Investigator Paula Duprey, and Victim-Witness-Advocate Kimberly Rodriguez-Mojia of the Fulton County District Attorney’s Office. Investigator A. Leduc of the Atlanta Police Department was the lead investigator in the case.