nvdaily.com link to home page

Traffic | Weather | Mobile Edition
Archives | Subscribe | Guide to the Daily

Local News arrow Courts & Legal News arrow Woodstock

| 0 | 1 Comment

Indecent liberties lead to jail time

* Breaking News

If local news is breaking and you know about it:
* Call Us: 800-296-5137
* E-mail Us
* Upload Your Photos

By Preston Knight-pknight@nvdaily.com

WOODSTOCK -- An Ashland man has been sentenced to serve a year in jail for taking indecent liberties with a 10-year-old girl.

Timothy A. Montgomery, 32, was sentenced by Shenandoah County Circuit Judge Dennis L. Hupp on Wednesday to serve 15 years in prison, with all but a year in jail suspended, for the sex offense and distributing a drug as an accommodation. He previously entered an Alford plea of guilty to the indecent liberties charge, which is not an outright admission of guilt, but an acknowledgment that the prosecution may have enough evidence to win a conviction.

Montgomery maintains that he did not commit the crime, and said he made the plea because he did not want the girl to have to testify in court. Also, as part of the admission of guilt, a more serious charge of aggravated sexual battery was reduced.

According to court records, the New Market Police Department received a report of inappropriate touching of a 10-year-old girl Aug. 12. A woman told police her granddaughter indicated Montgomery had touched her private parts about two years before.

During an interview Aug. 19 in Winchester, the girl advised that the man had touched her underneath her underwear, records state.

Assistant Commonwealth's Attorney Ken Alger said the girl was watching a show about sex abusers when she said to her grandmother, "That happened to me."

He said Montgomery has a substance abuse problem and questions what the man remembers about the incident, later adding that the girl mentioned Montgomery was acting strangely.

The court hearing focused much on sentencing guidelines in the case.

Alger said if a defendant is charged with indecent liberties and has no prior record, guidelines would call for straight probation, and no time behind bars.

Montgomery was convicted in January 2010 in relation to an incident where he was passed out in his car, and his 6-year-old child had to call 911, Alger said.

"It's indicative of his serious substance abuse problem," he said to the judge. "If you put him out into the street, it will be the same thing all over again."

Defense attorney Charles Ramsey said his client is now sober, and his risk of committing another sex crime has been determined to be low. He asked Hupp that if he were to exceed the guidelines as Alger requested, to not go above 12 months in jail.

That was eventually the judge's decision. Hupp said the sex offense was a "horrendous" thing, but acknowledged that touching, without penetration, is a milder form of abuse, and that the commonwealth had a difficult case to prosecute because the offense occurred two years before it was reported.

Still, he gave Montgomery a less than mild final thought.

"You're on thin ice with this court," Hupp said.

1 Comment

Yet another Shenandoah County slap on the wrist.....

Leave a comment

What do you think?

(You may use HTML tags for style)


Comments that are posted on nvdaily.com represent the opinion of the commenter and not the Northern Virginia Daily/nvdaily.com.

Comments that contain Web addresses, e-mail addresses, personal attacks, name-calling or personal information considered by the editor to be inappropriate for posting here will not be posted.

Commenters agree to abide by our COMMENTS POLICY when posting. Questions? E-mail us at info@nvdaily.com.


Local News Sections

2010: Year in Review Agriculture Apple Blossom Festival Basye Berryville Big Picture Bob Wooten Books Boyce Breaking News Business Business Spotlight City of Winchester Clarke County Cockfighting Case College Corrections Courthouse Notes Courts & Legal News Crime & Public Safety Economy and Jobs Edinburg Edward N. Bell Entertainment Entertainment Spotlight Environment Fall 2010 Farms Feature Photos Featured Festivals Financial Fire & Rescue Fort Valley Frederick County Front Royal General Assembly Hard Times Health History Holidays Homes In The Spotlight Jody Lynn Bradley Justin Shane Slater Ledger Library Livestock Local Government Local Markets Local Sports Matt Pallister Maurertown Media Middletown Military & Veterans Moms Mt. Jackson New Market New Market Fire Department Page County Pets & Animals Politics Power Line Quicksburg Religion School News Shenandoah County Solar Farm Staff Picks Stephens City Strasburg Swine Flu The Year in Review Toms Brook Tourism Traffic & Transportation Upcoming Events Video In The Spotlight Volunteer Rescue Squads Warren County Weather Woodstock

News | Sports | Business | Lifestyle | Obituaries | Opinion | Multimedia| Entertainment | Homes | Classifieds
Guide to the Daily: Advertise | Circulation | Contact Us | NIE | Place a Classified | Privacy Policy | Subscribe

Copyright © The Northern Virginia Daily | nvdaily.com | 152 N. Holliday St., Strasburg, Va. 22657 | (800) 296-5137

The best small daily newspaper in Virginia!

nvdaily.com | seeshenandoah.com