Elkins man pleads no contest to five felony charges
A 62-year-old Elkins man accused of first-degree sexual assault pleaded no contest to five felony charges Tuesday in Randolph County Circuit Court.
Richard Clive Devine pleaded no contest to five counts of possession of material depicting a minor engaged in sexually explicit conduct during a last-minute plea hearing that was added to the court docket late Monday. Jury selection for Devine’s case had been slated for 9 a.m. Tuesday, and his trial was set for Aug. 14-16.
However, based on his plea, Devine is now adjudicated guilty, and a sentencing hearing is set for 1:15 p.m. Sept. 25.
In June 2012, Devine was indicted on one felony count of sexual assault in the first degree, five felony counts of employment or use of a minor to produce obscene matter or assist in doing sexually explicit conduct, five felony counts of use of minors in filming sexually explicit conduct, and five felony counts of possession of material depicting a minor engaged in sexually explicit conduct.
Devine also was indicted in October 2010 on a felony charge of use of a minor to produce obscene matter. That charge was dismissed without prejudice in Randolph County Circuit Court in May, allowing time for further investigation that could lead to more felony counts, officials said at the time.