Hartselle man out on bond for burglary arrested for second-degree rape

May 17—A 27-year-old Hartselle man was charged with three counts of second-degree rape after investigators say he had sexual intercourse with a 13-year-old on three separate occasions, according to an affidavit.
The Morgan County Sheriff's Office said they arrested Benjamin Preston Bolan on Tuesday at an apartment on Mitwede Street in Hartselle and initially held him in lieu of a $300,000 bond. On Wednesday, Morgan County District Judge Stephen Brown revoked that bond after finding probable cause that Bolan committed new crimes while out on release for a previous third-degree burglary charge, according to court records.
On April 26, an investigator with the Sheriff's Office contacted the Department of Human Resources after he received a report from the father of a 13-year-old female that his daughter had sex with a male over the age of 21, according to the affidavit.
The investigator conducted a forensic interview with the victim on May 7.
"She disclosed during the forensic interview that the male subject's name was (Ben) and they had sex at three different locations," the affidavit said. "Two of the locations were at her mawmaw's house and her mimi's house. The third location is unknown."
The affidavit said during the third encounter, Bolan parked down the street and the victim walked to his vehicle and had sex inside.
"(The victim) disclosed that every time he showed up, they smoked weed and had sex and he knew she was 13 years old and he could get in trouble," the affidavit said.
On May 8, the victim and her mother came to the Sheriff's Office and gave the investigator a picture of the victim and Bolan, and he confirmed Bolan as a suspect from the picture on his driver's license.
"(The victim) also identified Bolan in a photo lineup and the vehicle he was driving," the affidavit said.
Bolan also faces other charges.
In 2024, Bolan was charged with third-degree robbery. An affidavit said the owner of a storage unit in Hartselle made a report on Oct. 31 that the unit had been broken into and multiple items including a guitar, amplifier, and power tools were stolen. On Nov. 4, a Morgan County Sheriff's deputy went to Pawns of Decatur and recovered a receipt showing that Bolan had pawned the items from the storage unit on July 1 for $650 and "then went back to get the pawned items on July 22."
He was arrested and taken to Morgan County Jail on Nov. 6, but was released the same day on $2,500 bail, according to court records.
— wesley.tomlinson@decaturdaily.com or 256-340-2442.

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