A Hopkins County jury deliberated for 2 1/2 hours before sentencing Doudley Scott Maloy, 53, of Brashear to serve 28 years in prison for the aggravated sexual assault of his 10-year-old grandchild. He was also sentenced to seven years on one indecency with a child by sexual contact charge and four years on a second indecency charge.
The jury, after five hours deliberating guilt-innocence on one aggravated sexual assault charge and four indecency charge, acquitted Maloy on two of the indecency charges. The three convictions were alleged to have occurred on the same day in August of 2007 on a relative’s birthday. The victim alleged two other incidents of indecency in December 2006; the jury found Maloy innocent on those charges.
In closing arguments, defense attorney Roland “Ron” Fergurson implored the jury to consider a sentence which would allow Maloy, who testified to three health problems, to serve out his punishment on community supervised probation. Fergurson argued it would not only be the best option for the defendant’s health but would also allow him to continue to care for his mother.
Several of Maloy’s family members — including his mother, daughter who next to Maloy, brother and niece — testified Wednesday evening that they had never witnessed Maloy act violently, nor had they witnessed any behavior by the defendant which would indicate he would be a threat to the community, children or society if he were allowed to serve his sentences on probation. Many also stated, despite the jury’s decision, believe that he was guilty of any inappropriate sexual behavior with or toward any children.
Maloy’s daughter plead that he be given probation because to put him in prison would only escalate he decline of his heath.
The defendant’s niece said that her uncle gave no behavioral indicators, that would indicate he had a sexual attraction to children, and asked for probation. Morgan in his closing statements argued that sex offenders generally don’t disclose sexual predilections for children, particularly to their family and friends, that they more apt to hide sexual attraction to children from those individuals that others.
Fergurson pointed out that Maloy has been fulfilling the terms of bond for two years, an indicator the defendant likely would be able to successfully carry out the terms of probation, if the jury recommended it and the judge approved it.
Assistant District Attorney Peter Morgan asked the jury to sentence Maloy to the maximum sentence of 99 years in prison for the aggravated sexual assault and to 20 years each on both indecency convictions. He argued that Maloy at no time took responsibility for what he did, and noted that to sentence Maloy to probation instead of the maximum prison term would be devastating to the victim, their family and the community.
One juror following the trial noted that there was a lot of deliberating going on in the jury room regarding the charge, with a few jurors were leaning toward probation and others toward 50 years or more. U ultimately,y a compromise was reached among jurors, with the sentence for the first-degree felony charge split in the middle of the top and bottom suggest options. They agreed not to assess a fine, although they had the option of assigning up to $10,000 per conviction, and ruled out probation as an option.
Morgan after the jury verdict was read made a “motion to accumulate” the sentences. Judge Robert Newsom ruled the sentences would be served concurrently, and that any time Maloy may have served in jail would be credit toward his sentence.
Fergurson stated that he will ‘most definitely” be filing an appeal on Maloy’s behalf on all three cases.
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