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Maximum Sentence Given to Marion County Man for Sexual Assault of 5-Year-Old Boys

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James Kendall James Kendall
FAIRMONT -

UPDATE (9/24 at 2:15 p.m.):

James Kendall, who sexually abused two 5-year-old boys over a period of two years, was sentenced to at least 30 years in prison in Judge Michael Aloi's Marion County courtroom Thursday.

Kendall will serve 25 to 100 years for first degree sexual assault, five to 25 years for first degree sexual abuse, up to 10 years for use of a minor in filming sexually explicit conduct and will then serve 30 years of supervised release, which is the maximum sentence according to state law.

Kendall's attorney requested that those sentences run concurrently, or at the same time, but Judge Aloi disagreed and chose to run the sentences consecutively, or one after another.

"No child should have to endure what these did," said Sergeant Adam Scott of the West Virginia State Police Crimes Against Children Unit. "I sat through therapy with one of the children to see what he has gone through, and I hope you impose the maximum sentence, so he'll never do this to another victim again."

Judge Aloi said this crime has robbed the two boys of trust, which he said is the most valuable thing they have.

"Every day, I am so thankful that I grew up in a home where I was loved, and it affects every aspect of my life," Judge Aloi said. "One of the most terrible crimes imaginable is sexual abuse at the hand of a family member. If you take away safety in the home, there's not much left."

Kendall chose not to speak in court, which Judge Aloi said may mean he is afraid to show remorse or regret.

Kendall entered an Alford plea regarding the case, meaning he acknowledged the evidence against him without admitting guilt. He is ordered to have no direct or indirect contact with the victims or their families.

Kendall is currently in the North Central Regional Jail.


UPDATE (7/7 at 4:15 p.m.):

James Kendall appeared in Marion County court Tuesday for his plea hearing after allegedly sexually abusing two 5-year-old boys over a period of two years.

Kendall pleaded guilty to four different counts - one count of first degree sexual assault, which carries a penalty of 25-100 years in prison, one count of first degree sexual abuse, which carries a pentalty of 5-25 years in prison and two counts of the use of minors in filming sexually explicit conduct, which each carries a penalty of up to 5 years in prison.

Kendall is scheduled for sentencing on September 25.


ORIGINAL (10/2013):

The West Virginia State Police Crimes Against Children Unit in Marion County arrested James Kendall on 23 sex-related charges on Monday.

State Police charged Kendall with 10 counts of abuse of a minor, filming sexually explicit conduct.  He was also charged with five counts of possession of child pornography; six counts of first degree sexual assault of a child under 12; and two counts of sexual abuse by a parent, guardian, or custodian.

State Police said an investigation revealed that Kendall had sexually abused two 5-year-old boys. It was also revealed that Kendall possessed hundreds of child pornographic photographs and videos, according to State Police.

According to the criminal complaint, the abuse started in January 2011 and continued until August 2013.

Kendall is in the North Central Regional Jail.  His bail is set at $1.2 million.

Anyone with information is asked to call St. Scott at 304-367-2701.  

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