James Wamsley Sent to Prison For Rape of Nine-Month Old Infant
http://investigation.discovery.com/blogs/criminal-report/mar5/mar5.html
"Those of you who followed my articles at Crime Library will no doubt remember the case of James Allen Wamsley, a 17-year-old resident of Benton County, Washington, who was arrested last year for first-degree rape of a child. Now, some nine months later, the case has finally come to an end
sort of.
On May 28, 2007, Tabitha McBean, a friend of the Wamsley family, accepted an offer by Wamsley to baby-sit her two children, a 3-year-old and a nine-month-old baby boy. Tabitha was grateful to have a break from her parental responsibilities but her relief turned to horror some nine hours later, when she returned home to discover blood in her infant's diaper. Concerned, Tabitha, along with Wamsley's mother, Teresa Moen, immediately transported the infant to Kadlec Medical Center in Richland, where it was discovered he had been the victim of a brutal sexual assault. The injuries proved to be so severe that the infant had to be transferred to a Spokane hospital for surgery.
"The child had been brought in, injuries to the child demonstrated that some sort of sexual assault had occurred," Richland Police Captain Mike Cobb said in a May 2007 interview with
KNDU-TV. "This is probably one of the most disturbing type of events that ever occurs to a police officer or a family member. So it's nothing we ever want to hear, nothing we ever want to investigate, but unfortunately, all too often we have to."
As a result of the criminal investigation, police arrested Wamsley and charged him with first-degree child rape. The Washington Administration Code describes the crime as, "sexual intercourse with another who is less than twelve years old."
Wamsley was initially charged as a juvenile, however during a later appearance before Benton County Superior Court his case was moved to adult court and he was transferred to the Benton County Jail.
During his preliminary hearing Wamsley pled not guilty to the charges. However, he later accepted a deal with prosecutors and changed his plea to guilty. As a result, he was also found guilty of other aggravating factors, which included the vulnerability of the infant and the severity of the injuries the infant had sustained.
On Feb. 29, 2007, Wamsley appeared in Benton County Superior Court for his sentencing hearing. During the proceedings, both Tabitha and Teresa testified before Judge Robert Swisher.
"I trusted him like my brother and so did my kids," Tabitha said as she broke down in tears. "It hurts to see him go away but he has to pay. I'm never going to be the same and neither will my son."
When it came time for Teresa to testify, she said that her son needed to get help behind bars so that "things can get better for him," adding, "We all love him."
After listening to testimony from both sides, Swisher said the case was "the type you lose sleep over." He also described the victim as "the most vulnerable of humans." Swisher then looked directly at Wamsley and sentenced him to a minimum of 131/2 years behind bars, with an exceptional 162-month sentence. In other words, Wamsley will serve 131/2 years in prison, at which time he will appear before a state board, who will then decide to release him or to extend his sentence to life behind bars. Wamsley will be 31 years old when he appears before the board. Swisher also recommended Wamsley receive sexual offender treatment and he signed an order, which prohibits Wamsley from ever having contact with the victim.
Following Wamsley's sentencing, Tabitha told
Tri-cityherald.com her son has recovered from his physical injuries but still suffers from emotional trauma. "He's very clingy and has nightmares," she said."