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Judges look at options in sentencing hearings

BUCKHANNON — A Buckhannon man was ordered Wednesday to undergo a diagnostic evaluation before being sentenced for sexual assault in the third degree, a felony.

James R. Wamsley, 21, pled guilty to the felony on Nov. 1, 2018 and admitted to having inappropriate contact with a 13-year-old female. He had been indicted in the January 2018 term of the grand jury.

Defense attorney Dennis Willett told Judge Jacob Reger Wednesday that Wamsley had no criminal history to be concerned about.

“I think this incident was an unfortunate matter,” he said. “It was youth and a lack of ability to make a rational cognitive assessment of what he was engaged in. I think he learned a valuable lesson here.”

Willett said while he found Wamsley to be “very remorseful” of his actions, it was sometimes hard to discuss the intricacies of the law with him.

He referenced Wamsley had low cognitive function.

“There is no indication that he has any kind of sexually deviant pattern that we need to be worried about,” he said. “No mental health issues. He is an excellent candidate for probation and community corrections placement.

“The prosecutor, I think, made a very fair plea offer in this case. I don’t believe that Mr. Wamsley, given his youth and lack of any criminal history, that he is a threat to the public in general. He made a horrible mistake with this young girl.”

Assistant prosecuting attorney Kelley Cunningham said that while the state had agreed to recommend probation for Wamsley, he had not met the terms of their agreement by testing positive for marijuana.

The father of the victim addressed the court. The Inter-Mountain is not naming the father to protect the identity of the juvenile.

The father said he had tried to be a protective father but he had learned that, “In the eerie shadows, evil does work. I learned that God forgives and I should, too. You, sir, will go on with the rest of your life but I hope you learn from this and become a better man and be an example for others.

“Young man, I hope that things for you become better. My daughter will go unscathed as far as her name. You’ve shamed your family. I ask the court to be vigilant. My daughter wears scars for the rest of her life regardless. I believe that justice will be served here today.”

Reger said, “I understand if it was my daughter I am sure I would have the same kind of feelings.”

The judge said he read the report from the sex offender registration and that it was mainly favorable towards Wamsley. However, he noted that Wamsley is unemployed and has continued to use marijuana. He also pointed to the nature of the offense.

“I have concerns about you being successful on probation or home confinement,” he said.

Reger ordered a 60-day diagnostic evaluation and told Wamsley he would be remanded to the custody of the Tygart Valley Regional Jail until a placement became available.

“If I end up granting you some type of alternative sentencing — part of the terms and conditions are you can’t use marijuana,” Reger told Wamsley. “You are old enough and you need a job. You have had 2 ¢ months to try to show the court you can work in the community.

“It’s a serious offense,” he said. “This young girl was 13 years old. That’s just where I am with it. I’m not at the point to send you to prison today or to send you to Anthony Center today, which I thought about but I’m not at the point to give you probation or home confinement either.”

With that, Reger continued sentencing until April 4 at 9 a.m.

• Patrick Slade Chapman, 29, was sentenced for grand larceny, a felony.

Defense attorney Brian Bailey said that Chapman had accepted responsibility for his role in the case.

“Mr. Chapman got himself involved into some pretty serious substance abuse issues last year and was very forthwright with me,” he said.

Although Chapman had tested positive for marijuana, Bailey asked for alternative sentencing in the case.

Chapman told the court he would “like to continue working and be a better person.”

However, Cunningham noted that the plea agreement included that Chapman was not to violate any of his bond conditions.

She noted 11 positive drug screens for marijuana from Sept. 6-Dec. 18 and the latest testing of both marijuana and meth.

“I look at those factors and I look at the criminal history, which gives me an indication Mr. Chapman has a little problem following rules,” she said. “Probation as we all know is the following of rules.”

Instead, the assistant prosecutor said the state was recommending one to 10 years.

Reger noted that Chapman had an outstanding fleeing from an officer case that is still pending. He also pointed to Chapman’s failure to pay court costs and fines in previous cases.

The judge sentenced Chapman to one to 10 years in prison with credit for 17 days served and denied the request for probation or alternative sentencing. He also ordered Chapman to pay restitution of $1,439.54.

“You can’t continue to use marijuana while on probation,” he said.

The judge said he would not take into consideration the presumptive positive test for methamphetamine because the test results were not back yet and Chapman was disputing that.

• Connor Brian McCauley, 27, represented by Bailey, had previously pled guilty to delivery of a controlled substance, methamphetamine, a felony.

Judge Kurt Hall said he knew McCauley had been found to be a suitable candidate for the drug court program but said he would not release McCauley until suitable housing had been found.

Bailey told the court that finding housing was a problem for McCauley.

McCauley added the drug court “sounds like a wonderful program” but he wasn’t sure how he could work as a felon, provide for himself and be in the drug court.

But Hall said there were employers who would hire people in the drug court program.

McCauley’s father, Mayor David McCauley, then spoke up and said that his son had become addicted to drugs after an accident 4¢ years ago.

“It took us months to bring him back and it’s been a difficult 3¢ years since he got back,” he said. “I’m willing to take him back to our house and to work with him and make sure he meets all the conditions of the court.”

Cunningham said the state was recommending that McCauley be sentenced to one to five years but given probation with the condition he be placed in the drug court program.

McCauley has been unable to post bond since his arrest and been in jail for 133 days.

Cunningham said the state recommended McCauley be sentenced to one to five years in prison but be given the alternative sentence of probation with condition of that probation he be placed on 26th drug court program.

Hall said he would go along with the state’s recommendation and ordered no fine in the case but that McCauley would need to complete 80 hours of community service while on probation — after he completes the drug court program.

“What I want to see from you is a year from now you be out on the street and no one would recognize that you had an addiction problem,” he said. “This is your break. If this doesn’t work out, don’t come in here and say judge, I need a break. This is it.”

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