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Day Gets 5-15 Years For Abuse

November 20, 2012
BY LAUREN RIGGS - Staff Writer (reporter@wetzelchronicle.com) , Wetzel Chronicle

Roland Lee Day Jr., 60, of HC 61 Box 38A, Wileyville, pleaded guilty Friday morning in Wetzel County Circuit Court to one felony count of incest.

For this crime, Day will serve five to 15 years in the West Virginia Penitentiary for Men. Although the defense is entitled to file a rule 35b motion for reduction of sentence after five years incarceration, upon Day's release, he will be under supervised release for the following 25 years. Day must also promptly register as a sex offender, and he is forbidden to ever have contact with the minor victim again. Day must also pay for the victim's counseling costs.

Day must turn himself in to the Wetzel County Sheriff's Department by noon on Jan. 15.

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When Day was asked to describe what he had done, Attorney Robert McCoid suggested the prosecution describe Day's offenses instead. McCoid said the defense would agree or disagree to this.

Special Prosecuting Attorney Carl Worthy Paul stated that Day had made inappropriate sexual contact with the victim on "numerous occasions" as well as sexually assaulted the victim.

The defense did not disagree with Paul's description of the crimes.

Day was originally handed a 33-count indictment by the January 2012 grand jury, for felony offenses of a sexual nature.

Counts one through three charged that between Jan. 1 and Jan. 30, 2006, Day allegedly committed the offense of sexual assault in the first degree, sexual abuse by a custodian, and incest, respectively.

The remaining charges were said to have occurred between Sept. 1, 2007, and Nov. 30, 2010. Counts four, six, eight, 10, 12, 14, 16, 18, 20, 22, 24, 26, 28, 30, and 32 allege that Day committed the offense of sexual abuse in the first degree. Counts five, seven, nine, 11, 13, 15, 17, 19, 21, 23, 25, 27, 29, 31, and 33 allege that Day committed the offense of sexual abuse by a custodian.

 
 

 

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