A man in prison for sexually assaulting a child in Shenandoah County in 2015 faces a new charge stemming from the same offense.
A grand jury handed up an indictment in Shenandoah County Circuit Court on Wednesday charging Jonathan David Funkhouser with one count of aggravated sexual battery of a child under the age of 13 years old. The indictment accuses Funkhouser of committing the crime sometime between June 1, 2015, and July 1, 2015.
Funkhouser, 37, remains incarcerated at Buckingham Correctional Center in Dillwyn, Virginia. He is registered with the state police as a sexual offender.
Court records show a grand jury indicted Funkhouser on Feb. 10, 2016, on two counts of aggravated sexual battery and one count each of object sexual penetration of a child under 13 years old and taking indecent liberties with a child under 15 years old. The indictments charged Funkhouser with committing the offenses on June 16, 2015.
Funkhouser pleaded guilty under North Carolina v. Alford on Sept. 21, 2016, to the two counts of aggravated sexual battery. A defendant who enters an “Alford plea” maintains his or her innocence but concedes that the prosecutor’s evidence could lead to a finding of guilt beyond a reasonable doubt.
Funkhouser underwent a psychosexual evaluation prior to his sentencing hearing.
The plea agreement capped the amount of time Funkhouser would serve in prison at 12 years. The judge sentenced Funkhouser on Jan. 27, 2017, to eight years in a state penitentiary with no time suspended for one count of aggravated sexual battery. The judge also sentenced Funkhouser to 10 years in prison with all the time suspended for the second count of aggravated sexual battery. The judge ordered Funkhouser to complete five years of supervised probation once released from incarceration.
Funkhouser also admitted at his plea hearing that he violated the terms of his probation from earlier convictions. Court records show the judge ordered Funkhouser to serve three years and 10 months of previously suspended time for one probation violation.
The judge then dismissed, per the plea agreement and at the prosecutor’s request, Funkhouser’s remaining charges of object sexual penetration and taking indecent liberties with a child.
Funkhouser registered with the state police as a sex offender on Feb. 3, 2017.
He had pleaded guilty Aug. 7, 2015, to a class 1 misdemeanor charge of sexual battery that authorities say he committed June 20, 2015. A judge sentenced Funkhouser to 12 months with 10 months suspended.