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Guilty Plea In Sex Assault

One to five years for Moundsville nursing home rape

By ANNIE DIMMICK
POSTED: October 7, 2008

Article Photos


MOUNDSVILLE - The final chapter in the Dora Allietta Memorial Home sex assault case has been written.

After a year that saw allegations of deplorable living conditions, improper patient care and sexual abuse at the now-closed Mounds-ville assisted-living facility, the man who is accused of sexually assaulting one of the residents has been sentenced.

During a closed hearing in Marshall County Circuit Court on Monday, Roy Reed Sheldon pleaded guilty to two counts of third-degree sexual assault, two counts of second-degree sexual abuse and one count of indecent exposure.

Sheldon's attorney, David Zehnder, requested that the hearing be closed, saying his reason for the request was that his client has psychiatric concerns.

As part of a plea agreement, Judge Mark A. Karl sentenced Sheldon to one to five years in prison for each sexual assault charge and one year for each charge of sexual abuse and the indecent exposure charge. He further ordered that four of the five sentences be suspended, meaning Sheldon only has to serve a one- to five-year sentence in prison. Upon his release, he will be placed on two years of supervised probation and has been ordered to have no contact with the victim.

Sheldon was arrested Sept. 19, 2007, after a 57-year-old female told an adult probation services worker that Sheldon touched her inappropriately and had sex with her in the Dora Allietta Memorial Home in Moundsville.

At the time, investigators said Sheldon claimed the sex was consensual. However, they added that the alleged victim has the mental capacity of a 2-year-old and cannot consent to sex.

Sheldon was residing at the facility with his wife, who worked there.

In November, Karl ordered the home to be shut down on a petition from the West Virginia Department of Health and Human Resources. In that petition, surveyors of the home reported residents were not being cared for properly. They said the home had an inadequate food supply, was "extremely unsanitary," that residents were being verbally abused, medication was not being administered according to doctors' orders, medication was not locked up, personal hygiene products were not available and that residents were using soiled bed linens, bedding and clothing.

 
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Member Comments
View Comments: | 1-23 | Post a comment
EllisWyatt
10-08-08 5:48 PM
If you get caught with *************, you go away for 10 years. If you rape someone, you get 1-5 years.

What is wrong with this picture?

Any legislator or judge who supports these insane sentencing disparities should resign now. A crime against another person is far more serious than a crime against yourself.

I do not condone drug use but it should be decriminalized. If we deported all illegals and did away with harsh sentencing guidelines for smoking dope, our prison population would drop by 50%.

Rapists deserve no mercy. When you are soft on crime, your weakness encourages others to engage in said crimes.

It's time for a REAL change.

TimSWV
10-08-08 4:51 PM
LK No not all Dems nor elected officials. JUST THE ONES WHO DO NOT DO THIER JOBS !

I pointed out the party relation to point out the fact that there are too few people oposing the local officials in Marshall Co

I am probibly too close to the issue to be objective... BUT still have a right to spaek it..

LK0812
10-08-08 10:37 AM
TimsWV, you got a personal issue with the prosecutor, democrats or just all people in elected offices? lol

TimSWV
10-08-08 10:10 AM
LK at least they should have made the 2 felonies consecutive the added the two 1 year sentances afterwards. Making this a longer trime Do the first 1-5 (either parol after 1 year (doubtful) discharged it in 2 yrs 3 mo; then started the 2nd 1-5 same time length as 1st one, then done the 3 1 year terms discharging each in 5 mo 5 days.

Since he is asex offender AND his mother is a retired corrections officer from the Moundsville regional jail he hopefully will do "HARD TIME"

I am done ranting, for now.. This is another example of people (elected) not looking after the people who elected them.

BTW BOTH the Judge and Prostituted attorney are Democrats (yes I spelled it the way I feel about him)

COME ON it is the LEAST that should happen to this scum.

Tenente61
10-07-08 9:11 PM
Momma2Alex "I'm baffled though, as I didn't see where he'll have to register as a sex offender. Did I miss that somewhere?"

Channel 7 news reported that he would have to register.

Momma2Alex
10-07-08 8:50 PM
I'm just astonished. Of course the prosecutor offered a plea to keep the woman from having to testify. I understand and support that. I'm baffled though, as I didn't see where he'll have to register as a sex offender. Did I miss that somewhere?

whisperinghope
10-07-08 6:59 PM
I have a question concerning this home. If the living conditions were so deplorable, where were the families of these ppl? were there any complaints before this happened and if so, why wasn't something done before this? Just wondering. Are there going to be more convictions in this matter? Will the ppl who own and run this home going to be made accountable? If I had a loved there I would be asking these questions. Just shutting it down seems to be letting someone or someones off the hook, or am I missing something? I don't live in the valley anymore, so I may have missed some facts on this one.

PCGS70
10-07-08 6:11 PM
And his butt crack showing below the T-shirt makes a good impression. Is the victim going to have a baby?

popeye
10-07-08 5:03 PM
Looks like he needs a manzeer.

LK0812
10-07-08 3:46 PM
nicetry, if you've been involved in law enforcement for twenty years you know that it's not what you know, it's what you can prove in court with admissible evidence. I'm somewhat familiar with this case (through the victim).

LK0812
10-07-08 3:44 PM
Don't get me wrong, I'm not saying I wouldn't have liked to see this POS go away for a very long time, I'm just saying that sometimes the evidence or circumstances dictate what is the best possible outcome that can be achieved in a particular prosecution. But you're right, the judge could reject the plea agreement.

LK0812
10-07-08 3:42 PM
"LK 1 to 5(i am not sure but will taker your word for it for now) may be the max for the individual offence (u r right it is way too %^&* light) however with 5 convictions what is wrong with making it 5 1 to 5 sentances in a row (5 to 25 ??? by the way are youalso a sex offender ? you seem kinda easy on this one ..... Nice Try They are not even piggy backed 4 of them are suspended !"

This mis-information is exactly what I'm talking about. There were only two felonies charged.

LK0812
10-07-08 3:40 PM
Tim, only two of the charges were felonies (1-5) the rest were only misdemeanors. The bottom line is that the statutes don't protect people like this victim enough. JMHO

TimSWV
10-07-08 3:12 PM
LK also the judge doesn't HAVE to live with it he is the final word on sentancing...Consecutive; concurrent , or suspended. Karl should be assamed of himself as he has disrespected lawyers (and this is hard to do) himself and most of all the citizens of Marshall County and West Virginia.

TimSWV
10-07-08 3:07 PM
LK 1 to 5(i am not sure but will taker your word for it for now) may be the max for the individual offence (u r right it is way too %^&* light) however with 5 convictions what is wrong with making it 5 1 to 5 sentances in a row (5 to 25 ??? by the way are youalso a sex offender ? you seem kinda easy on this one ..... Nice Try They are not even piggy backed 4 of them are suspended !

nicetry
10-07-08 1:28 PM
LK, The judge didn't have to piggy back the charges, which should have been boxcared. I do know what I am talking about. Over 20 yrs law enforcement.

Mom2Four
10-07-08 11:41 AM
I HOPE THE MARSHALL COUNTYY VOTERS REMEMBER THIS WHEN HE COMES UP FOR RE-ELECTION

----------

Who would you recommend we vote for? Its not like he ever runs opposed!

LK0812
10-07-08 10:49 AM
I love all you armchair legal experts who rush to get on a newspaper blog to spout off with NO knowledge of the facts, the evidence or the realities of these cases. The victim had her own lawyer appointed, and he was very strongly in favor of this agreement and AGAINST her having to testify. Also, 1-5 years is the MAXIMUM SENTENCE set by statute for these felonies, if you don't like that then you need to contact your legislators. Sometimes things are done for reasons that even the prosecutors and judges don't like, but have to live with.

TimSWV
10-07-08 10:18 AM
ABCDEFGHI Wake up and improve your information. THE JUDGE can reject any and all plea agreements. He can accept, reject amd/or modify them as he sees fit. in this case the year and a 1/2 (at most) he will do is a POOR JUDGEMENT call on both him (judge) and the prostituting attorney. (yes I spelled it as I see accurate)

Yes "nice try" I toooo hope that he gets bunked with "Bubba" and the boyz

bbmcfarland
10-07-08 9:45 AM
The "pop machine bandit" gets a stiffer sentence than this guy. I'm going to hurl my Cheerios.

nicetry
10-07-08 9:26 AM
This piece of **** did 13 months of home confinment, this means he will be discharged in a year and a half. That makes me sick. With the back up in the jails he'll never see a prison before he discharges. Trust me he will do it again when he gets out. I hope the puss gut get one in the a** while he is in jail.

ABCDEFGHI
10-07-08 8:51 AM
LMAO--typical response form someone who has no idea--maybe someone should ask why there was even a plea agreement offered i nthis case? Those come from the attorney's involved, hence, prosecutor and defense attorney, not the presiding judge, he works with what is handed to him.

TimSWV
10-07-08 8:03 AM
I HOPE THE MARSHALL COUNTYY VOTERS REMEMBER THIS WHEN HE COMES UP FOR RE-ELECTION !!! I assure you that my family and I will !!

1 to 5 is BULL S---. as I said in previous remarks "Liberal Judges" would set this animal free. This animal deserves to at least do time for all of his crimes !!!

Karl obviously doesn't live on Fish Creek or have an elderly/disabled famly member who he cares about. Opps i forgot the rich don't put thier family in homes localy they send them off to a distant place so they don't have the "shame' of dealing with them !!

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