Mon, Nov 09 2009
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Published September 04, 2008 12:19 pm - A jury deliberated for almost three hours before returning three not guilty verdicts in the case of a Glasgow man charged with having sex with a 15-year-old family member. Jury acquits man of sex abuse charge Defendant guilty of misdemeanor charge By BRAD DICKERSON Glasgow Daily Times GLASGOW — A jury deliberated for almost three hours before returning three not guilty verdicts in the case of a Glasgow man charged with having sex with a 15-year-old family member.
Jimmy Herrington, 57, was cleared on counts of incest and third-degree sodomy and sexual abuse by the jury, which was comprised of seven women and five men. The defendant was, however, found guilty on a misdemeanor of unlawful transaction with a minor, third degree. He was sentenced to 12 months in the county jail and a $500 fine. Herrington’s charges stemmed from an alleged March 22 incident in which he was accused of having sex with the juvenile after the two had been drinking alcohol. Detective Ann Phelps, with the Barren County Sheriff’s Department, who investigated, testified that after a search warrant was obtained for Herrington’s residence, a bottle of tequila was found in the refrigerator and several empty beer cans were discovered in a trash can. Phelps added that Herrington said he had been drinking during the day on March 21 while hanging out with the girl. He eventually offered her alcohol that evening. The girl testified that she, her mother and her stepfather came to Kentucky from Missouri over her spring break. The three stayed at a duplex they owned, of which Herrington was renting a section. She added that she was looking forward to spending time with the defendant, whom she said she hadn’t seen in almost five years. The alleged victim said that on March 21, Herrington had taken her driving since she had her learner’s permit. That night, he offered her the alcohol. The juvenile testified she drank between six and eight shots of tequila over the next three hours, starting at 8:30 p.m. Eventually, she said Herrington began giving her open-mouthed kisses. The two went to his bedroom, where she said the defendant had sex with her between midnight and 4 a.m. “I was so drunk, I couldn’t move,” she said. “I couldn’t respond, really.” The girl’s mother testified she was awakened the next morning when her daughter climbed into bed with her. “She crawled into bed with me, put her face right up to mine – she was crying – and said she wanted to go home,” the mother said. Prior to going to the hospital, the girl said she took a shower and brushed her teeth. 
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