By MATTHEW UMSTEAD
7:24 PM EDT, November 1, 2012
A Hagerstown man indicted in 1994 on 321 counts of sexual assault, pornography and related charges in Berkeley County has agreed to serve prison sentences totaling 13 to 55 years to resolve the charges, according to court records.
Randall Ray Waugh, 53, could be sentenced Dec. 20 if 23rd Judicial Circuit Judge John C. Yoder agrees to be bound by a plea agreement that proposes Waugh enter guilty pleas to six of the felony counts and no contest pleas to three others, according to court documents.
The proposed plea agreement was presented to Yoder on Thursday in what was scheduled to be a pre-trial hearing for Waugh.
Waugh is accused of sexually assaulting a Bunker Hill, W.Va., boy dozens of times beginning in 1988 and three developmentally disabled males in the early 1990s.
In addition to serving consecutive prison sentences, Waugh would be subject to the maximum time allowed for by law for post release supervision and could be ordered by Yoder to pay fines and restitution, according to court documents.
Waugh also would have to register for life as a sexual offender and the state indicated in the plea agreement that it intends to have the defendant deemed a “predator” because of the number of specific charges filed against him and the background and number of victims.
After Thursday’s hearing, Berkeley County Prosecuting Attorney Pamela Games-Neely said the victims in the case approved the proposed resolution to the case, at least in part, because Waugh would remain behind bars.
Games-Neely said rule changes concerning admissibility of evidence have changed since the case was filed and she indicated that was an underlying factor in the plea agreement proposed.
Prosecution of the case was delayed because Waugh was serving a prison sentence in Maryland for similar charges, Games-Neely has said.
Waugh was convicted in June 1994 in Maryland of second-degree sexual offense, according to the Maryland Sex Offender Registry.
He was indicted in Berkeley County in May 1994, court documents said.
There is no statute of limitations on the prosecution of felony charges in West Virginia, Games-Neely has said.
Each of the third-degree sexual assault convictions would come with a prison sentence of not less than more than five-year term behind bars, according to the plea agreement. A five- to 15-year sentence would be ordered for the remaining sexual assault conviction, according to court documents.
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