Charles Douglas McClain III waived a jury trial to his charge of Indecency With a Child, and had a trial before 115th District Judge Lauren Parish.
Testimony began that morning and ended shortly after noon.
Judge Parish found the defendant guilty of Indecency with a Child by Touching and gave him the 25-year-sentence after hearing punishment evidence.
The offense occurred on July 4, 2013, at the Hidden Bend Apartments located in Gilmer.
The defendant and his wife went to stay with family members at the apartment complex. The child, age 12, woke on the coach in the middle of the night with the defendant’s hand between her legs rubbing her on the outside of her clothing. She screamed and jumped and he apologized to the victim.
The next day, the child disclosed what happened to a family member and an investigation began. The child was interviewed by the Childen’s Advocacy Center and Investigator Roxanne Warren of the Gilmer Police Department conducted witness statements, including an interview with the defendant.
Ultimately, the defendant made a statement that it was only an accident that he touched her, and he maintained that at trial.
Through tears, the child testified before the court and identified the defendant as the one who had made sexual contact with her private areas.
Evidence showed the defendant had previously been convicted of robbery in Upshur County and sentenced to six years in prison in 2008.
In addition to multiple other convictions, he had been prosecuted going back to 2000 in Gregg County as a juvenile.
The State was represented by Assistant District Attorney Camille Henson. Gilmer attorney Brandon Winn represented McClain.
“The victim was very pleased with the verdict and sentence, and this sentence will ensure she will be at least into her 30s before he is released on parole,” said District Attorney Billy Byrd. “This was an aggravated offense, which means he must serve at least one-half of his sentence prior to becoming eligible for parole. He will be required to register as a Sex Offender for life upon his release.”