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Tag: Black Collar Crime

Black Collar Crime: Prosecutor Refiles Charges Against Rowland Foster in The Death of His Granddaughter

Bruce Gerencser 0 Comments

rowland foster

Rowland Foster is the pastor of Faith Tabernacle Congregation in Mechanicsburg, Pennsylvania. Believing that God alone heals the sick, Foster teaches congregants to pray and seek God’s divine intervention in their medical maladies. This belief has led to several deaths, including the pastor’s two-year-old granddaughter. Foster was charged in the death of his granddaughter, but last month the charges against him were dismissed. (Please see previous post on Rowland Foster.) Last Friday, prosecutors refiled charges against Foster.

The Reading Eagle reports:

Less than two weeks after a district judge dismissed the counts, Berks County prosecutors have refiled the charges against a pastor accused of failing to report neglect of his 2-year-old granddaughter who died of a treatable bacterial pneumonia.

The refiling was done Friday in District Judge Andrea Book’s office in Jefferson Township, but District Attorney John T. Adams said Monday that Book won’t hear the case against Rowland Foster. Adams said Book has agreed to step aside so another judge can hear the prosecution’s case.

Foster, 72, remains free pending his hearing, which has not yet been scheduled, Adams said.

Foster is charged with failure to refer child abuse to authorities in his role as pastor, which makes him a mandatory reporter under the child protective services law.

Foster is pastor for the Faith Tabernacle Harrisburg District, Mechanicsburg, Cumberland County. The nondenominational church eschews the use of medicine.

On Nov. 8 about 1 p.m., troopers, tipped off by a funeral director, said they responded to the Tulpehocken Township home and found Ella Grace Foster dead on the sofa, with her family in the same room.

At the April 19 hearing, which was packed with supporters of the pastor, Dr. Neil A. Hoffman, a forensic pathologist who performed the autopsy, testified the child died of bacteria pneumonia and tracheitis, infections that almost certainly would have been cured with penicillin or a similar antibiotic. He said the need for medical intervention would have been obvious to any reasonable person at least a day or two before her death, and medicine administered even within hours of her death may have saved her.

Rowland’s attorney, Christopher A. Ferro of York, said investigators made that argument in hindsight with the benefit of the autopsy report, not on actual observations.

Furthermore, he said, there was no evidence to show “willful” failure to report neglect on Rowland Foster’s part.

Jonathan H. Kurland, chief deputy district attorney, argued that despite Rowland Foster’s religious beliefs, he is obligated under the state’s child abuse reporting law to report neglect or any other form of child abuse to ChildLine.

Updated

A December 18, 2017 Penn Live report states that the charge against Rowland Foster has been dropped.

Black Collar Crime: Catholic Priest Sentenced to Four Years in Prison on Child Pornography Charge

Bruce Gerencser 6 Comments

clovis vilchez parra

Clovis Vilchez-Parra, former associate pastor at Mission San Juan Diego Catholic Church in Arlington Heights, Illinois was sentenced to four years in prison through for distributing child pornography.

The Chicago Tribune reports:

A former associate pastor at an Arlington Heights church was sentenced to four years in prison Thursday for distributing child pornography, according to court records.

Clovis Vilchez-Parra, 36, also was ordered to register as a sex offender after pleading guilty to the charge during a hearing in Cook County’s Rolling Meadows branch court. Numerous other pornography charges were dropped in exchange for his plea.

Vilchez-Parra was a priest at the Mission San Juan Diego Catholic Church at the time of his arrest in 2015 by police in Palatine, where he lived in housing provided by the Archdiocese of Chicago, authorities said.

Prosecutors said Vilchez-Parra used computer file-sharing software to locate, download and distribute pornographic images of children younger than 13. The computer activity was traced by the Internet Crimes Against Children Task Force, prosecutors said. Authorities obtained a search warrant and found the images on a laptop computer and a flash drive at his residence, prosecutors said.

After his arrest, the archdiocese said in a statement, Vilchez-Parra was withdrawn from ministry “pending the resolution of this matter.”

You can read the original story here.

Black Collar Crime: Evangelical Pastor Jacob Malone Sentenced to 3-6 Years in Prison for Sexual Assault

Bruce Gerencser 1 Comment

jacob malone

I have written previously about Jacob Malone: Black Collar Crime: Evangelical Pastor Jacob Malone Plans to Admit He Raped Church Teenager and Black Collar Crime: Judge Rejects Calvary Fellowship Pastor Jacob Malone’s Plea Agreement.

The hammer has finally dropped on Jacob Malone, one time pastor at Calvary Fellowship in Downingtown, Pennsylvania. Malone was sentenced Friday to three to six years in prison for “institutional sex assault, corruption of minors and child endangerment.” The New York Daily News reports:

 A suburban Philadelphia pastor accused of sexually assaulting and impregnating a teenager has pleaded guilty and been sentenced to three to six years in prison after a judge rejected an earlier plea agreement as too lenient.

Thirty-five-year-old Jacob Malone, of Exton, was sentenced Friday after entering guilty pleas to institutional sex assault, corruption of minors and child endangerment. He also must register as a sex offender for 15 years.

Malone and prosecutors had reached an earlier plea deal that called for a two-year minimum jail term, but Judge Jacqueline Cody rejected that deal a month ago.

Malone was working at Calvary Fellowship, a nondenominational church in Downingtown, when authorities say he began sexually assaulting the girl in the fall of 2014, when she was in her late teens. She gave birth a year ago to their daughter. She maintained he took advantage of her “mentally, physically, spiritually.”

In court, Malone admitted he gave the girl alcohol but said the sexual encounters were consensual. He apologized, saying his “failures and weaknesses” had hurt her, her family and his family.

“She admired me and trusted me, and I betrayed that,” he said.

Cody called the case “one of the times when the court system fails” and said even with the stiffer sentence in the new plea agreement Malone would be “serving a sentence much lighter than the crime deserves.”

The original charges against Malone included rape. His defense attorney Evan Kelly said in a statement that Malone “has always been adamant” he did not rape the teenager but has admitted to other crimes. “And for that he is embarrassed, ashamed and truly remorseful,” Kelly said.

A number of people, myself included, believe that Malone’s sentence is way too lenient in light of the crimes he committed.

 

Black Collar Crime: Evangelical Youth Leader Benjamin Tweedt Charged With Sex Crimes

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benjamin tweedt

Benjamin Tweedt, a youth leader for Parkview Church in Iowa City, Iowa was arrested yesterday and charged with “one count of sexual abuse third degree, two counts of lascivious acts with a child, three counts of indecent contact with a child, and two counts of lascivious conduct with a minor.”

ABC-9 reports:

32-year-old Benjamin Craig Tweedt, of North Liberty is charged with one count of sexual abuse third degree, two counts of lascivious acts with a child, three counts of indecent contact with a child, and two counts of lascivious conduct with a minor.

According to police, it is alleged that Tweedt had multiple one-on-one sessions as a youth church leader with four victims over 10 years. Some of the sessions occurred on church retreats or in victims’ bedrooms. Parkview Church removed Tweedt from their student ministry as soon as they were aware of the situation.

“We’re grieving for the families of the victims that have been involved in this situation” said Doug Schillinger, the lead pastor at Parkview Church.

Schillinger said he wants the truth to be exposed, justice carried out and compassion extended to the victims and their families. Church leaders told the congregation what happened, who was responsible and what they were doing about it. The lead pastor said when he first heard of the abuse, he was shocked because it does not reflect their values or policies at all.

“Again, of the hundreds of volunteers in our school districts, teachers that do it right, that even in spite of good policies there’s one that could go off and it’s very troubling to me” said Schillinger.

Coralville and North Liberty Police have been working together on the case. So far, there’s no evidence to suggest that other people knew the abuse was happening. North Liberty Police Chief Diane Venenga said the victims were very brave to come forward.

Parkview Church released the following statement:

In early February we were made aware of incidents that occurred involving a volunteer in the junior high ministries prior to 2012 and immediately contacted state and local authorities. We also notified the church community about the situation. Parkview has cooperated with law enforcement and will continue to do so, and we ask that any questions be directed toward these authorities. Our desire is to see truth exposed, justice executed, and compassion expressed to those who have been impacted. We care deeply for students and families in our community. We ask that you respect the privacy of all who are involved at this time. Thank you.

Black Collar Crime: Evangelical Pastor Juan Gomez Convicted of Sexual Battery

Bruce Gerencser 2 Comments

pastor juan gomez

Juan Gomez, former pastor of Iglesia De Dios (Church of God) in Wimauma, Florida, was convicted today of “sexual battery upon a minor between the ages of 12 and 18 and unlawful sexual activity with a minor.” The Bradenton Herald reports:

A former Wimauma pastor has been found guilty in the 2015 sexual battery of a 17-year-old boy during a hunting trip.

Juan Gomez, 53, was convicted by a jury Thursday afternoon of sexual battery upon a minor between the ages of 12 and 18 and unlawful sexual activity with a minor. The jurors deliberated for just under an hour at the conclusion of a four-day trial.

Gomez, who is facing up to life in prison, will be sentenced on June 16.

The assault first came to light July 21, 2015, after investigators received information Gomez sexually assaulted the boy earlier that month at a hunting ranch in northern Manatee County.

The victim was very thankful on Thursday after the verdict was read, according to Assistant State Attorney Brian Chambers.
“The biggest fear that these victims have is that they won’t be believed, and to be believed by this community, for the jury to recognize the heinous act committed upon him while the defendant was entrusted with his care, makes that courageous act of coming forward worthwhile,” Chambers said afterward.

The incident was not isolated, however. The jury heard from another victim who said he was first sexually battered by Gomez in 1990 at a church camp in another county in Florida, and later again during a college visit in Tennessee in 1994.

“He waited for 25 years for justice of that,” Chambers said. “This case is a highlight for what happens, because he wasn’t listened to 25 years ago it only allowed the perpetrator to have another day and another victim.”

Black Collar Crime: Presbyterian Pastor Walter Chuquimia Charged With Sexual Battery

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walter chuquimia

Walter Chuquimia, pastor of Beth-El Farmworker Ministry in Wimauma, Florida was arrested yesterday and charged with three counts of sexual battery. Chuquimia allegedly sexually abused a girl for six years, beginning when the girl was eleven years old.  Fox-13 reports:

Walter Chuquimia, 59, was arrested by the Hillsborough County Sheriff’s Office after detectives said they found Chuquimia raped a 17-year-old on April 24, 2017.

During their investigation, detectives found the suspect has sexually battered the victim several times dating back to 2011.

HCSO said Chuquimia was the pastor at Beth-El Farmworker Ministry, Inc. during part of this time. Detectives said Chuquimia admitted to several of the offenses and was arrested and booked on April 24, 2017.

He was charged with three counts of sexual battery.

Detectives have not identified other victims, however, anyone with information concerning Chuquimia is asked to call the sheriff’s office at 813-247-8200.

According to Beth-El Farmworker Ministry, Inc.’s Facebook page, the church’s focus is giving assistance to farm workers and their extended family members through worship with the Hispanic community.

Chuquimia’s bio on Beth-El Farmworker Ministry’s website states:

Rev. Walter F. Chuquimia is a native of Bolivia, South America, and is a child born in a non-Catholic household.  His grandfather was a descendant of the Inca Empire and the first Bolivian native ordained onto the ministry.   Pastor Walter has two brothers and a sister graduated from Theological Seminaries in the United States. He remains in touch with his mother, brothers and a sister living in his native Bolivia.   In Bolivia he had earned a Bachelor’s degree in Education, and though in rural area elementary schools.   Walter attended Universidad Adventista de Centroamerica (Central American Adventist University) in Alajuela, Costa Rica. He worked as Bible Teacher and Literature Evangelist in several Central American Countries. In the United States he graduated from McCormick theological Seminary with Mater of Divinity Degree.  Walter was ordained in 1996 at his hometown church, Valley Presbyterian Church, Scottsdale, Arizona, Grand Canyon Presbytery.

Walter played professional soccer for Alajuela Football Club, Costa Rica.  In United States encouraged by elders of his first congregation he had learn to play golf and racquetball, his daily routine includes outdoor walking or biking.   Walter has an excellent command of the English and Spanish language, an effective public speaker and skilled translator from English to Spanish and vice versa. He is sensitive and respectful of the long-standing traditions of the church and community; open enough to a dialogue that can invigorate our worship and service to the Lord. Formal education received in South America, Central America, Puerto Rico and in the United States of America.

Walter is married to Lorraine, raising together a daughter and son, and is also a very proud father of Kelly Adelina Chuquimia (Arizona) and Sally Maria Chuquima  (Pennsylvania), whose mother is also a pastor.

Rev. Walter Chuquimia is the pastor of the worshiping community at Beth-El Mission.

Black Collar Crime: Evangelical Pastor Robert Keith Charged with $700,000 Theft

Bruce Gerencser 1 Comment

pastor r david keith

Robert (R. David) Keith, pastor of New Ebeneezer Baptist Church in Newark, New Jersey was arrested and charged  with “stealing approximately $700,000 at his side job at a local repair company.” New Brunswick Today reports:

Authorities announced on March 28 that they had charged a member of the clergy with stealing approximately $700,000 at his side job at a local repair company.

Robert Keith, a 46-year-old West Orange resident, was charged with credit card theft, money laundering, forgery, theft by unlawful taking, and unlawful use of a credit card, according to the official statement.

It all stemmed from his employment at RupCoe, the South Plainfield company where he was apparently a bookkeeper despite not being a licensed certified public accountant.

“During the investigation it was determined that the defendant, while working as the bookkeeper for a South Plainfield plumbing, heating and air conditioning company, stole the money in various amounts between February 1, 2015 and February 7, 2017.”

But Keith is also apparently a pastor in Essex County, going by the name R. David Keith and serving as the public face of a Newark church.  Prosecutors allege he played up his status as a “religious leader” to “add legitimacy” to his bookkeeping services.

The official statement from the Middlesex County Prosecutor’s Office (MCPO) did not mention the company that Keith allegedly victimized, nor did it indicate which church he preached at.

But it wasn’t hard to figure out he was the preacher at Newark’s New Ebeneezer Baptist Church, where a banner with his face is hanging from the building, according to a NBC television report.

Some people told reporters that Keith had claimed to own a car dealership, and that they never knew about his bookkeeping job.

“The investigation began after company officials discovered the thefts and contacted police,” read the MCPO release.

“It has been determined during the course of the investigation that he sought to add legitimacy to his bookkeeping services by describing himself as a religious leader.”

Black Collar Crime: Evangelical Pastor Mike Holloway Denies He Knew Anything About Woman’s Sex Abuse Claim

Bruce Gerencser 0 Comments

pastor mike holloway

Please read Black Collar Crime: Woman Claims Evangelical Pastor Mike Holloway Knew She Had Been Sexually Abused and Did Nothing to provide context for what follows.

Mike Holloway, pastor of Temple Baptist Church of Kokomo, Indiana issued a statement today denying Dawn Price’s claim that he knew about Price’s father molesting her and did nothing to stop it. Deven Zimmerman, a writer for The Kokomo Perspective, reports:

After declining to speak at length with the Kokomo Perspective prior to last week’s publication, Temple Baptist Church spoke out via social media last week in response to the story published concerning allegations made by former member Dawn Price.

In a statement on the church’s Facebook page, the church addressed the allegations leveled at it by various sources, including Dawn Price and her ex-fiancé, Andy Thornton. The church confirmed that an altercation occurred in 1991 just prior to Thornton and Price’s wedding. However, the church argued that no confession was made by Dawn’s father, Don Croddy, in regards to the accusation of his sexual abuse of her in front of Temple Baptist Church Pastor Mike Holloway.

“I first became aware of a potential family problem in 1990 when Dawn and her father were interviewed by Child Protective Services (CPS), though I was not informed of the topics being discussed at that time,” read the statement said to be authored by Temple Baptist Church Pastor Mike Holloway. “The authorities chose not to pursue any legal actions as a result of that investigation.

“My first knowledge of Dawn’s molestation accusation came in 1991, when Don, Dawn, and her then-fiancé, Andy Thornton, came to me five days before Dawn and Andy were to be married. In this meeting, I was informed of the alleged event that had occurred 14 years earlier. While no confession was made by Don, I immediately sought legal counsel, turning over all information to the Christian Law Association (CLA) [CLA is operated by David Gibbs and is widely known as the cleaner — someone who makes things go away — for  IFB churches and pastors.] I was encouraged by the CLA to take the precautionary measure of restricting Don from all children and youth programs in our church, which I did. Since that decision and up to this present time, I have received no information indicating concern about Don’s behavior.”

The church also confirmed that its leadership became aware Dawn’s YouTube video, which she posted in February 2017 as a confessional of her alleged abuse at the hands of her father.

“In February 2017, Dawn posted a video to Facebook making additional accusations against her father, claiming Don had admitted his behavior to me during the 1991 meeting,” said Holloway. “This accusation is completely false and an attack on both the truth and my character. Given the allegations made in Dawn’s video, I sat down with Don and our church deacons for an in-depth discussion. After this discussion, I asked that he resign as a member of our church.”

Price, however, stuck to her claim about that meeting in 1991.

“The incident five days before my wedding was to take place happened exactly as my then-fiancé, Andy Thornton, and I said,” said Price. “I am simply stating the truth as Andy Thornton and I know it. Andy asked Holloway why he was allowing an admitted pedophile to remain in the church, and Holloway said that my dad had repented, so therefore no action was required, and there was no reason to tell anyone. Why he would seek legal counsel and not report to the police is just mind blowing to me and the actions of a guilty man. He never once asked me if I was OK or needed anything.”

Additionally, Price shed light on Holloway’s comment on the CPS call made to the Croddy household.

“While attending Temple Christian Academy, CPS was called,” said Price. “I have always been forthcoming with this. While CPS was called, Mike Holloway also called my dad, Don Croddy. I was terrified of my dad. Try to put yourself in my position. While my abuse was sexual, my brother’s was physical, severely physical,” said Price. “While I was in one room being questioned by CPS, my dad made a commanding presence right outside the door. I lied to the CPS worker. I was a child. I didn’t want to be beat like my brother, I was in self-preservation mode.

“I had to go home with this man if they didn’t believe me, and I didn’t know what to do. So I did the safest thing I knew to do, especially with him being the commanding person he was; I lied. The authorities didn’t pursue legal action because I was a child who was terrified and had those around me who failed me. The system failed me. Follow-ups should have been made. Questions should have been more pointed. My dad shouldn’t have been allowed to be there. My pastor failed me. I do not believe that Mike Holloway didn’t know what topics CPS were called about that day.”

 

Black Collar Crime: Evangelical Pastor Ken Adkins Sentenced to 35 Years in Prison for Sex Crimes

Bruce Gerencser 1 Comment
pastor ken adkins

The Black Collar Crime Series relies on public news stories and publicly available information for its content. If any incorrect information is found, please contact Bruce Gerencser. Nothing in this post should be construed as an accusation of guilt. Those accused of crimes are innocent until proven guilty.

Please see Black Collar Crime: Evangelical Pastor Ken Adkins Turns Down Plea Deal and Black Collar Crime: Evangelical Pastor Ken Adkins Found Guilty of Sexual Molestation and Black Collar Crime: Convicted Child Molester Ken Adkins Says He’s Innocent for further information on Adkins and his crimes.

Ken Adkins, pastor of Greater Dimensions Christian Fellowship in Brunswick, Georgia, was sentenced to thirty-five years in prison today for eight counts of child sexual molestation. Florida Times-Union reporter Eileen Kelley wrote:

The fate of controversial pastor Kenneth Adkins has been decided. Glynn County Superior Court Judge Stephen Scarlett sentenced him to 35 years in prison for eight counts of child molestation.

Prior to becoming a pastor in Brunswick, the 57-year-old spent many years in Jacksonville as a public relations and political consultant, raising the ire of many when he called gays sinners and attacked his critics on social media with crude anti-gay rhetoric and cartoons.

At 9:35 a.m. Tuesday, Adkins walked into a courtroom a very different-looking man. Gone were his tailored suits he wore during his trial. Gone was his confident and pleasant-looking face. Instead, a handcuffed Adkins emerged in a forest green jail-issued jumpsuit. His hands clasped a Styrofoam cup of coffee. His face sullen.

Moments later he learned the state wanted the judge to follow strict interpretations of Georgia law that would mandate that Adkins receive the maximum sentence with no chance of parole because of his past convictions in Florida. At a minimum, that maximum would be life plus 30 years. Scarlett called for a recess at 9:50 a.m. and headed into chambers with a stack of paperwork detailing Adkins’ various prison and jail sentences.

Adkins, a former drug addict, has been arrested dozens of times in Florida, the last time was in the early 1990s. After the judge said he was not taking into account his past record because he did not have the indictments and other information about the crimes, Adkins rose and spoke in court for the first time. He said prior to being arrested in August on the molestation charges, the biggest battle he faced was to change the life he was living as a crack addict. Now, he said, he’s facing an even bigger demon.

“We’ve been in this community for 10 years and we’ve worked hard,” Adkins said.

Adkins told the judge that through his ministry he stressed to never allow a moment in time to define a whole person.

“Most certainly I did not do the things I am accused of,” he said. “… I did not do it, yet I respect the jury’s decision.”

By 10:45 a.m. Scarlett made his decision. The 35 years was for aggravated child molestation while he was sentenced to 20 for child molestation and enticing. All are concurrent. Adkins will be eligible for parole, but he will be a very old man should that ever happen.

His accuser, a 22-year-old man now in the military, came forward a year ago and told investigators in Georgia that the pastor used to watch him and his girlfriend have sex when they were teens. The young man explained how he offered up his girlfriend, also a member of Adkins’ church, as a gift to the pastor for allowing the young couple to have sex without repercussions.

He told investigators the guilt of giving his former girlfriend to Adkins for sexual pleasure bothered him and that’s why he came forward some six years later. He also told investigators eventually he and Adkins formed a sexual relationships and that both he and his girlfriend were 15 at the time. Adkins was later lent large sums of money from his accusor and paid only a fraction of it back.

A victim impact statement from the young man was read out loud in court by Assistant District Attorney Katie Gropper.

“Throughout this time I’ve felt nothing but shame and guilt which later led to depression,” it read in part. “There is never a time I wish I could stop thinking about it. Constantly depressed and never feeling like the shame or guilt would leave, I considered multiple easy outs. Once I figured out who Kenneth Adkins truly was, it hurt and I didn’t want to believe it.”

Let me conclude this post with Adkins’ words about the Pulse Night Club shooting:

ken adkins quote

Indeed, Pastor Adkins. You have gotten what you deserve.

Bruce Gerencser, 67, lives in rural Northwest Ohio with his wife of 46 years. He and his wife have six grown children and sixteen grandchildren. Bruce pastored Evangelical churches for twenty-five years in Ohio, Texas, and Michigan. Bruce left the ministry in 2005, and in 2008 he left Christianity. Bruce is now a humanist and an atheist.

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Black Collar Crime: Transgender Episcopal Youth Worker Pleads Guilty to Sexual Abuse

Bruce Gerencser 0 Comments

james lilly

In January 2016, James Lilly, a youth worker at Christ Episcopal Church in Bluefield, West Virginia, was arrested and charged with incest, sexual assault, and sexual abuse. The Bluefield Daily Telegraph reported:

A transgender Bluefield man who worked in youth ministry at local Episcopal churches was arrested Tuesday and charged with multiple counts of sexual abuse of a juvenile.

James Lilly, 24, was charged with one count of incest, one count of second-degree sexual assault and 31 counts of first-degree sexual abuse, Detective K.L. Adams, with the Bluefield Police Department, said.

Adams said the victim in the case is a juvenile female. He said the abuse began in 2009 when the victim was 9 to 10 years old, and continued until she was 16.

The alleged abuse in the case took place at a home, and not a church, Adams said.

“Mr. Lilly, by his own admission, is transgender,” Adams said. “He is in the process of becoming a woman.”

Adams said Lilly has a degree in religion from a Virginia college and has worked at numerous churches. Locally, he worked at Episcopal churches in both Bluefields.

Lilly is also in the process of getting a teaching degree at Bluefield State College, Adams said.

In August 2016, Lilly pleaded guilty to three counts of sexual abuse in the first degree. The Bluefield Daily Telegraph reported:

A transgender man pleaded guilty to three counts of sexual abuse in the first degree in Mercer County Circuit Court Wednesday afternoon.

James Lilly, 25, of Bluefield, will be sentenced on Nov. 17.

Circuit Court Judge Derek Swope accepted a plea agreement in the case, which dropped 28 counts of sexual abuse in the first degree as well as charges of sexual assault third degree and incest.

Each count brings one to five years in prison, but with the plea, Swope said two counts are “probated” (no prison time) and the third count carries the possible one to five years at the discretion of the judge.

Swope also said the plea agreement includes a mandatory lifetime registry as a sex offender as well as 10 to 50 years of enhanced supervision.

Assistant Prosecutor John McGinnis told Swope that the plea agreement was reviewed by the victim as well as the victim’s guardian ad litem, Cathy Wallace, and both agreed to it.

Lilly’s sentencing hearing was delayed so a diagnostic evaluation could be completed. Yet to be determined is Lilly’s classification as a prison inmate. The Bluefield Daily Telegraph reports:

A diagnostic evaluation was completed recently for a former youth pastor and admitted transgender sex offender who is facing a prison term after pleading guilty last year to sexual abuse first degree.

James Lilly, 25, of Bluefield pleaded guilty in August 2016 in Mercer County Circuit Court to three counts of sexual abuse in the first degree. Raleigh County Judge John A. Hutchinson, who was assigned to the case after Mercer County Judge Derek Swope recused himself, delayed Lilly’s sentencing on Dec. 21, 2016 and remanded him to the state Department of Corrections so a diagnostic study could be completed with regard to how he would be classified as an inmate.

….

During the December 2016 hearing, Hutchinson spoke of Lilly’s pre-sentencing report and emphasized that gender disorientation is a recognized condition, saying that he psychologically identifies with being a female.

In mid-April, Hutchinson informed the court that he had received the report resulting from the diagnostic interview, and sentencing was scheduled for a later date. In his order, Hutchinson instructed the Department of Corrections (DOC) to send a representative to Lilly’s sentencing hearing to inform the court about the policies, procedures and protections at DOC facilities “in the event the court determines a sentence in the penitentiary is appropriate for this defendant.”

Update

An October 30, 2017 Register-Herald story reports:

A transgender man who pleaded guilty to three charges of first-degree sexual abuse is now serving his sentence in a northern West Virginia prison, officials with the state Division of Corrections said Friday.

James Lilly, 26, formerly of Bluefield, is currently an inmate at Northern Regional Correctional Facility in Moundsville, according to the state Division of Corrections Inmate Search website. Prison officials confirmed Friday that he was among the facility’s inmates.

A former youth pastor, Lilly was arrested Jan. 12, 2016. A Mercer County grand jury indicted him on 28 counts of first-degree sexual abuse as well as third-degree sexual assault and incest. He pleaded guilty to three charges of first-degree sexual abuse. After being arrested, he told Bluefield Police detectives that he was a transgender who was in the process of becoming a woman.

The victim, a female juvenile, came forward after learning that Lilly was pursuing a teaching career and student teaching at a school. The principal at Bluefield Intermediate School said later that Lilly was a student observer in 2015, but had little interaction with the students. Bluefield Detective K.L. Adams said after Lilly’s arrest that the abuse began in 2009.

In May, Special Judge John A. Hutchison of Raleigh County sentenced Lilly to a pair of one- to five-year sentences that will run concurrently. These sentences are running consecutively with the third charge of first-degree sexual abuse. This gives Lilly a sentence of two to 10 years in prison. He will be subject to lifetime registration as a sex offender after he is released, and he will be under 30 years of supervision.

….