By Alex Bridges -- email@example.com
WINCHESTER -- A Warren County man must serve prison time for having sex with a 13-year-old girl in Frederick County in May.
Avery Sean Wynkoop, 41, 1275 Valley View Drive, Front Royal, pleaded guilty Tuesday in Frederick County Circuit Court to committing two counts of carnal knowledge and one count of taking indecent liberties with the victim authorities say occurred between May 1 and May 20. A jury trial had been scheduled in the case for Tuesday.
Judge Thomas J. Wilson IV accepted the plea and sentenced Wynkoop to consecutive 10-year terms for each count. Wilson ordered all time suspended except two years for the count of carnal knowledge -- sexual intercourse -- which Wynkoop must serve in the state penitentiary.
The judge ordered Wynkoop to serve five years of supervised probation upon his release from incarceration followed by five years of unsupervised probation. Wynkoop must register with the Virginia State Police as a sex offender and have no Prdirect or indirect contact with the victim or her family nor any females under the age of 18, the judge ordered.
Wynkoop entered the plea under an agreement reached between the commonwealth and his attorney, James H. Allamong Jr. Under the agreement, the defendant entered an "Alford plea" by which he maintains his innocence but acknowledges the commonwealth has substantial evidence and does not wish to risk a conviction beyond a reasonable doubt.
"It's the most logical decision, yes, sir," Wynkoop told the judge when asked about his choice to plead guilty.
The judge accepted the agreement and sentenced Wynkoop within guidelines which called for the defendant to serve between one year and four months to three years and nine months in prison. Wilson said he took into consideration the fact that Wynkoop has no prior felony convictions and that the active prison term falls within the guidelines. Wilson ordered Wynkoop to report to the Northwestern Regional Adult Detention Center to begin serving his sentence.
Commonwealth's Attorney Glenn Williamson told the judge the victim and the family have seen and agree with the terms of the plea agreement.
The victim in the case lived with her mother and the parent's boyfriend who had met the defendant through their mutual hobby of model race cars, according to Williamson. Over time the defendant became a family friend, rode to work with the mother's boyfriend and even stayed overnight at the couple's home, the prosecutor said.
The crimes authorities say Wynkoop committed occurred in the victim's home at night approximately a month after she turned 13 years old, Williamson said. The defendant committed carnal knowledge twice and then exposed his penis to the girl, according to the prosecutor.
At first the victim claimed the mother's boyfriend committed the offenses but later admitted she lied, Williamson said.
The victim suffers from a disorder which can cause seizures, according to the prosecutor, and the family has indicated the stress of the case and pending trial has had some impact on the girl. The victim nor the family appeared in court for the plea hearing.