BUCKHANNON — James Ray Wamsley, 21, appeared for sentencing in Upshur County Circuit Court on Thursday morning. Wamsley was previously indicted by the grand jury in January 2018 for allegedly having intercourse with a 13-year-old in October 2017. He subsequently entered a guilty plea to one count of felony sexual assault in the third degree in November 2018.
Since that time, Wamsley has undergone a pre-sentence investigation, as well as sex offender and diagnostic evaluations. His attorney, Dennis Willett, reported that his evaluations indicated a low risk to reoffend and accordingly requested alternative sentencing in the matter, to which the prosecution did not oppose.
Judge Reger accepted those recommendations and sentenced Wamsley to one to five years in the penitentiary, with said sentence being suspended, and granted him alternative sentencing. Wamsley was ordered to serve 90 days in jail, with credit for time he has already served since January and the defendant will be admitted to five years probation. He will be released from Tygart Valley Regional Jail when his 90 days is complete on April 16.
In addition to the normal conditions of probation, Wamsley must also attend outpatient sex offender treatment as arranged by his probation officer, he must register with the West Virginia State Police as a registered sex offender, submit his DNA for the database, and perform 30 hours of community service per week until he becomes gainfully employed. Wamsley will also be subject to an additional 10 years of supervised release as a sexual offender.