Plea entered in sexual assault case
ELKINS — A Randolph County man accused of sexually assaulting an adopted child entered into a plea agreement on Monday.
Eric Lee Martin, 52, of Mill Creek, entered into a Alford plea to one count of attempt to commit sexual assault in the third degree, a felony, in Randolph County Circuit Court on Monday. By entering into an Alford plea, Martin did not have to admit to the criminal act and could assert his innocence, but he still accepted the imposition of a sentence.
In October 2024, Martin was initially indicted by the Randolph County Grand Jury on three counts of sexual assault in the third degree; three counts of sexual abuse by a parent, guardian, or custodian; and three counts of incest, all felonies.
Martin was represented by attorney James Fox. The state was represented by Randolph County Assistant Prosecutor Christina Harper. A Guardian Ad Litem for the victim was also present during the hearing. Randolph County Circuit Court Judge David Wilmoth presided over the hearing.
Before Wilmoth accepted the plea, Harper laid out the factual basis for the case against Martin. According to Harper, in 2023, Martin was left home alone for a weekend with his former adopted children while his wife was on a trip with her family. During this time, Martin is reported to have sexually assaulted one of the children. Harper explained that the child made several disclosures regarding the incident, including one to their former mother who took the situation to the police. The child repeated the disclosures during a CAC interview, a SANE examination and therapy sessions. Harper described to the court the details of a recorded audio of the child crying and explaining the incident to the mother, as well as evidence the state had in its possession.
Harper explained to the court that while they had the evidence to argue Martin’s guilt in trial, the state believed the plea agreement was in the best interest of the victim, as they were dealing with a traumatized child who “functions well below their age” and tends to “shut down.” She also stated that, if they went to trial, the victim would have to face an “unsupportive former mother,” as while the child’s former mother had taken the situation to the police along with evidence she had collected herself, Harper said the mother had also shown support for Martin in previous testimony. Harper said testimony from the mother during trial would be a “wildcard” for both the prosecution and the defense.
A sentencing hearing for Martin has been scheduled for July 11 in Randolph County Circuit Court.





