MARTINSBURG, W.Va. —A man who was convicted of two counts of sexual abuse in a case involving a 9-year-old boy and a 13-year-old girl was ordered to serve prison and jail sentences Monday after his probation was revoked in Berkeley County Circuit Court.
James E.B. Michael, 35, of North Carolina, was ordered by 23rd Judicial Circuit Judge Gray Silver III to serve a five- to 25-year prison sentence and a 90-day jail sentence concurrently or at the same time.
Michael had been placed on probation for five years at his sentencing hearing in May 2011 and the sentences were suspended on the condition that he complied with certain terms and conditions, according to court documents.
In 2011, Michael pleaded guilty to one misdemeanor count of third-degree sexual abuse and one felony count of first-degree sexual abuse to resolve abuse allegations involving the children, according to court documents.
The victims in the Berkeley County case had told police that Michael tried to kiss them.
Michael had told police he was out drinking at a bar on the night in question and didn’t remember anything after being at the establishment, according to court records.
In a petition for Michael’s probation revocation, a 23rd Judicial Circuit probation officer told the court that she was informed that an arrest warrant had been issued for Michael since the sentencing hearing, according to court documents.
The probation officer said she was informed that Michael was charged in North Carolina for having and using a Facebook account, which is a felony offense in that state for convicted sex offenders, according to court documents.
The probation officer also told the court that the defendant had another pending criminal case against him in North Carolina for misdemeanor possession of stolen goods/property and that he tested positive for cocaine use, according to court documents. Michael also failed to appear for multiple sex offender treatment group sessions and only attended one substance abuse treatment session since being sentenced, according to court documents.