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Posted May 17, 2011 | comments Leave a comment

Man charged with underage sex acts, child porn

By Alex Bridges -- abridges@nvdaily.com

WINCHESTER -- A Frederick County man accused of giving marijuana to minors also stands charged with sex acts with an underage girl and making child pornography.

Substitute Judge Ben Kendrick issued a warrant for Justin Alexander Kelley's arrest May 5 in Frederick County Circuit Court after a grand jury indicted him that day on several new charges. Court records listed Kelley as a fugitive as of Wednesday.

Kelley, 20, of 287 Valley Mill Road, engaged in sex acts with a girl younger than 13 on July 28, 2008, according to one indictment. He committed two sex acts with the same girl, then 13 or 14 years old, on Oct. 19, 2009, including intercourse, indictments state. Kelley made or tried to make child pornography on Nov. 4, 2009, and committed the same two types of offenses Nov. 21 and 30, 2009, and Dec. 10, 2009, they state.

A grand jury that met in September indicted Kelley on four felony counts of distribution of marijuana to a minor. Kelley faces trial on the charges on May 25. Authorities have accused Kelley of that crime on the same date that a girl alleges the defendant fondled her and committed forcible sodomy, according to court documents. She is not the girl named in the indictments handed down May 5.

A 13-year-old girl reported to authorities in mid-April 2010 she went to Kelley's home April 10, 2010, at approximately 6:30 p.m. and spent the night with another 13-year-old girl, according to an affidavit filed five days later in Frederick County Circuit Court. The girl told authorities she and her friend, along with Kelley and three other males, smoked a blunt cigar containing marijuana, according to the affidavit.

The girls then went with Kelley to Regency Lakes Estates, met another male and entered three abandoned homes that night, the affidavit states. Kelley took tools from a home near the former 220 Seafood restaurant on Berryville Pike and they all returned to the defendant's residence in the early-morning hours of April 11, 2010, according to the affidavit.

Later that morning, at approximately 10 a.m., the girl who spoke to investigators said she awoke in the bed in Kelley's room to find him fondling her breasts. The girl told investigators she was facing the wall and Kelley was lying behind her with his front against her rear, according to the affidavit.

"[The girl] said she elbowed Justin and told him to stop," the affidavit states.

Kelley started to reach into her clothes and touch her private areas, according to the affidavit. He then pulled down her pants and she tried to stop him, the affidavit states. The girl told investigators she kept telling Kelley to stop as he held her against the wall, according to the affidavit. The girl said Kelley penetrated her anally before he let her up, the affidavit states. She then went home, according to the affidavit.

Investigators recovered numerous items from the Valley Mill Road residence during a search in mid-April 2010. Items taken included tools, a condom and wrappers, plastic baggies, a metal grinder, a tin container all with a green, plant-like substance, along with several straws, a bed sheet and comforter and other items.

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