Willey sentenced to six years in prison
Lead Summary
By
Brandy Chandler-brandychandler@gmail.com
A Highland County man who has previous convictions on unlawful sexual conduct with a minor and aggravated vehicular homicide pleaded guilty Wednesday to a bill of information on a charge of endangering children.
Highland County Common Pleas Court Rocky Coss sentenced James Willey to more than six years in prison following the plea agreement.
Willey was charged in April on the third-degree felony in which it was alleged he hit a 9-year-old child in the face, causing a busted lip and a hemorrhage in her eye. The child is also mentally handicapped and has been since birth, according to courtroom statements.
Willey waived prosecution by the indictment, and the prosecution presented a bill of information on the same charge but under a different section of the Ohio Revised Code. The initial charge had alleged torture or cruelty, and the bill of information alleged the creation of a substantial risk to health and safety that resulted in great harm to the child.
Coss observed pictures of the victim. The state, represented by Highland County Prosecutor Anneka Collins, said that doctors said the child did not sustain permanent damage but that they were "very, very painful injuries."
Collins requested that Willey be sentenced to two years in prison.
Conrad Curren, counsel for the defendant, said that Willey had admitted to accidentally hitting the child with his elbow, but that the court should take into consideration that through the plea, the county was saved the expense of a trial.
Addressing Coss, Willey said, "I did turn around and accidentally catch the girl with my elbow. I have a kid who is 3 years old now. Nothing like this has happened before. Kids love me to death."
Coss said that because Willey committed the offense while on post release control from the sexual misconduct charge, that he would sentence him to the remainder of that term. While he would consider that the savings on a trial is a benefit to the county, Coss said that he assumed the state made the plea agreement in order to save the victim additional trauma by going through the trial process and because Willey would receive additional time on the PRC violation.
"There is no excuse for violence toward a child," Coss said. "You say that children love you to death, but considering one of your convictions is unlawful sexual misconduct with a minor, you don't seem to behave appropriately with children."
In 2004, Willey pleaded no contest to an indictment on two charges of aggravated vehicular homicide, felonies of the third degree; and two charges of vehicular assault, felonies of the fourth degree. According to the indictment, on Sept. 3, 2003, the crash, in which Willey was the driver, resulted in the deaths of Terry Everhart and Freddie W. Waddell and the serious injuries of two others. He was sentenced to nearly five years in prison but was granted judicial release in August 2005.
Coss sentenced Willey to two years on the endangering children charge and four years and 18 days on the PRC violation, for a total of six years and 18 days in prison.
"You will serve it all," Coss said. "I assure you as long as I am judge, if you file a motion for judicial release, I will deny it."
Willey is to begin serving the sentence immediately.[[In-content Ad]]
Highland County Common Pleas Court Rocky Coss sentenced James Willey to more than six years in prison following the plea agreement.
Willey was charged in April on the third-degree felony in which it was alleged he hit a 9-year-old child in the face, causing a busted lip and a hemorrhage in her eye. The child is also mentally handicapped and has been since birth, according to courtroom statements.
Willey waived prosecution by the indictment, and the prosecution presented a bill of information on the same charge but under a different section of the Ohio Revised Code. The initial charge had alleged torture or cruelty, and the bill of information alleged the creation of a substantial risk to health and safety that resulted in great harm to the child.
Coss observed pictures of the victim. The state, represented by Highland County Prosecutor Anneka Collins, said that doctors said the child did not sustain permanent damage but that they were "very, very painful injuries."
Collins requested that Willey be sentenced to two years in prison.
Conrad Curren, counsel for the defendant, said that Willey had admitted to accidentally hitting the child with his elbow, but that the court should take into consideration that through the plea, the county was saved the expense of a trial.
Addressing Coss, Willey said, "I did turn around and accidentally catch the girl with my elbow. I have a kid who is 3 years old now. Nothing like this has happened before. Kids love me to death."
Coss said that because Willey committed the offense while on post release control from the sexual misconduct charge, that he would sentence him to the remainder of that term. While he would consider that the savings on a trial is a benefit to the county, Coss said that he assumed the state made the plea agreement in order to save the victim additional trauma by going through the trial process and because Willey would receive additional time on the PRC violation.
"There is no excuse for violence toward a child," Coss said. "You say that children love you to death, but considering one of your convictions is unlawful sexual misconduct with a minor, you don't seem to behave appropriately with children."
In 2004, Willey pleaded no contest to an indictment on two charges of aggravated vehicular homicide, felonies of the third degree; and two charges of vehicular assault, felonies of the fourth degree. According to the indictment, on Sept. 3, 2003, the crash, in which Willey was the driver, resulted in the deaths of Terry Everhart and Freddie W. Waddell and the serious injuries of two others. He was sentenced to nearly five years in prison but was granted judicial release in August 2005.
Coss sentenced Willey to two years on the endangering children charge and four years and 18 days on the PRC violation, for a total of six years and 18 days in prison.
"You will serve it all," Coss said. "I assure you as long as I am judge, if you file a motion for judicial release, I will deny it."
Willey is to begin serving the sentence immediately.[[In-content Ad]]