Fairmont Man Get 1-5 Years for Sexual Abuse of Boy

By Emily Gallgher, Fairmont Times West Virginian

David Lemley of Fairmont was sentenced to one to five years in prison Tuesday after he pled guilty to sexual abuse in the first degree. Lemley was arrested in February 2012 for having sexual contact with a 13-year-old boy while the victim was at his house.

Marion County Judge David Janes also sentenced Lemley to 30 years of probation once he is released from the one- to five-year sentence. Lemley is credited for time served.

When asked if Lemley wanted to say anything, he stood, visibly shaking, and replied, “I’m sorry.”

Lemley’s attorney Roger Curry requested that Lemley be sentenced to home confinement.

Prior to the sentencing, Marion County Assistant Prosecutor Brandon Flower called the victim to the stand to testify. The victim, now 16 years old, read to the court a statement he prepared.
“I cannot tell you how I have waited for this day,” the victim read. “On that day I became a victim, along with many more kids in this world. On that day my life changed.”

The victim continued, stating that because of the “man who did this to (him)” his decisions in life have been impacted. The victim stated that he has gotten in trouble with the law involving alcohol and drugs.

“I tried to cope with drugs and alcohol,” he told the court. The victim said that Lemley should be locked up to “help kids like (him) be safe.”

“I’m here today to tell you I’m not a victim; I’m a survivor,” the boy said.

Flower requested that Lemley be sentenced to prison and 30 years probation following his release. Flower made the argument that, because the incident occurred in Lemley’s home, he should not be sentenced to home confinement.

“(Lemley) will be in his 70s when off probation and hopes to not be a danger then,” Flower told Janes.
Janes said that Lemley must register as a sexual offender for the rest of his life when released from incarceration. Lemley also must pay court costs and attorney fees within five years of being out of prison.