Man gets up to 15 years on incest charge
CHARLESTON, W.Va. -- A Charleston man who admitted to fathering three children with a family member earlier this year was sentenced Monday to serve 5 to 15 years in jail.
Charles Shamblin Jr., 60, of Paint Creek, pleaded guilty in July to one count of incest. In exchange, prosecutors dropped second-degree sexual assault and sexual abuse charges.
Despite his attorney's request for probation, Kanawha Circuit Judge Charles King sentenced Shamblin to the maximum time in prison plus 50 years of supervised release. Shamblin was given credit for 514 days of time already served.
The woman, who is now 36, told police that Shamblin abused her from the time she was 7 until she was 20, according to a search warrant affidavit.
The warrant, filed last year, stated the woman's children were ages 21, 16 and 15.
She told the judge Monday that she gave birth to the first of Shamblin's children when she was 13.
"He ruined my life. I had to raise three kids that I didn't want, I had to be a mother at 13 -- I wanted to be a doctor. Now, I'm working a minimum-wage job with no education other than my GED," she said.
Shamblin's attorney, Richard Holicker, told the judge that Shamblin suffers from dementia and should be hospitalized. He also argued that a sexual offender evaluation found Shamblin was only a "moderate risk" to commit another sexual crime.
"He's an old 60," Holicker told King. "He has no memory of these incidents."
When asked by King if he wanted to say anything, Shamblin replied, "Not really, sir. I'm sorry for putting everybody through the aggravation."
Assistant Kanawha County prosecutor Don Morris told the judge that Shamblin was trying to manipulate the court and pointed out he had been found competent to stand trial. He also reminded the judge of a previous malicious wounding charge of which Shamblin was convicted.
"She's extremely traumatized," Morris said about the victim. "She's been traumatized her entire life and is extremely afraid of this defendant and is afraid he will get out someday."
"He knew what he done," the woman told the judge.
In denying Holicker's request for probation, King said probation wouldn't be enough.
"I cannot in good conscious find that your client is not likely to commit another crime and that public good doesn't require his incarceration. To the contrary, I'm compelled to find that he is likely again to commit a crime and that the public good does require his incarceration," the judge said.
Reach Kate White at firstname.lastname@example.org or 304-348-1723.