Hudson man convicted of rape

Setzer denied even being alone with son's 15-year-old girlfriend
Apr. 03, 2014 @ 08:27 AM

A man who already was on probation from a 2004 conviction for molesting his 9-year-old daughter was convicted Wednesday on charges that he raped his son’s 15-year-old ex-girlfriend in 2009.

Daniel Walter Setzer, 55, of Horseshoe Bend Road in Hudson was sentenced in Caldwell Superior Court to 21 years one month to 26 years one month in prison. If he is released, he must register as a sex offender and be placed on satellite monitoring for the rest of his life.

Both Setzer and his accuser testified, and their stories were entirely at odds.

The young woman testified that she and Setzer’s son, Chad, broke up in October 2009, she sought Setzer out for advice on how to get back together with Chad. She said Setzer picked her up from her mother’s house in Burke County and drove her to his mobile home. While talking to her, she said, Setzer gave her some Marlboro light cigarettes, a marijuana joint and three Coors Light beers, which she quickly consumed.

“I was losing control of myself. I just sat there and threw up on myself,” she testified.

She said that when she got sick Setzer took her to the bathroom, where she threw up some more in the toilet. She said he then undressed her, put her in the shower, undressed himself and got into the shower with her. After drying her off, he placed her in his bed, she said, and she pulled the covers up tight and curled into a fetal position.

But she said Setzer pulled the covers off and forced himself on her.

“I was terrified,” she said.

Afterward, she said, Setzer dressed without saying anything and drove her home. As he drove, she said, he told her, “You can’t tell anybody. I’ll be in serious trouble.”

She said that she told her grandmother a few days later but that law enforcement officials were not notified until a few months later, after she enrolled in the Hands Up Homes for Youth Treatment Center in Morganton, where she told a counselor, who then contacted social services workers.

Setzer testified that he had never been alone with the teenager, and he said he never gave her beer or pot.

“I had been on supervised probation for five years and was being randomly tested for alcohol and drugs,” Setzer said. “They (probation officers) could drop in at any time. I passed all my drug tests in that five years.”

In 2009 Setzer was on probation after being convicted in October 2004 in Burke County on two counts of indecent liberties with a minor after being accused of molesting his daughter, Chasity.

The jury took deliberated only about an hour before convicting Setzer of statutory rape and indecent liberties with a minor child.