The Register-Herald, Beckley, West Virginia

Local News

October 9, 2008

Man pleads guilty to sex charges against 11-year-old

By Michelle JamesR

A Beckley man pleaded guilty to three sex charges Thursday in Raleigh County Circuit Court.

Judge John Hutchison accepted 51-year-old Jerry Franklin Johnson’s guilty pleas to two counts of first-degree sexual abuse and one count of attempted incest.

Chief deputy prosecutor Kristen Keller said Johnson’s pleas stemmed from allegations made by an 11-year-old female family member who claimed while she was living with Johnson he made sexual contact with her while in her bed.

Keller said Johnson, in a statement to sheriff’s deputies, said he was drunk at the time and couldn’t remember, but said if the little girl claimed he made sexual contact with her, he must have done it.

Johnson was originally charged with sexual abuse by a parent or guardian, first-degree sexual assault and incest, and could have received 35 to 70 years in prison.

The charges agreed upon in the plea arrangement carry a combined possible three to 13 years.

Keller said the lesser charges were agreed upon because it was difficult for the victim, because of her age, to distinguish between sexual contact and sexual intrusion.

“(This is) in her best interest,” she said.

Defense attorney D.J. Morgan asked that Johnson remain free on bond since he is permanently disabled and appeared at Thursday’s hearing in a wheelchair, explaining he had broken his hand and foot two weeks ago.

Because his convictions included a crime of violence, however, Hutchison said he had no choice but to revoke his bond and remand him to Southern Regional Jail until his sentencing, which is scheduled for Dec. 15.

— E-mail: mjames@register-herald.com

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