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Wednesday, April 17, 2013
A Moneta man who admitted he fondled a young girl on Thanksgiving Day will serve three years in prison.
Brian McMillian , 35, pleaded guilty Monday in Franklin County Circuit Court to taking indecent liberties with a child under 13.
Assistant Commonwealth's Attorney Robert Deatherage said McMillian was caring for the 8-year-old victim while her mother went to a holiday sale on the night of Nov. 22. When the mother returned home, about 3 a.m., the victim told her that McMillian had touched her inappropriately. The mother immediately reported the incident to police, Deatherage said. He said McMillian told investigators the charges were true, but said he didn't know why it had happened.
"He didn't have any record before this at all, not even speeding tickets," Deatherage added.
McMillian initially was indicted on a charge of aggravated sexual battery, and was offered a plea agreement for a two-year prison sentence, but ultimately pleaded to a lesser charge for a longer sentence.
Deatherage said the final agreement garnered a longer prison stint and spared the victim further difficulty.
"Putting her through the trial would've been severe emotional trauma. She's made great progress but that would start all over because she'd have to face him in court."
McMillian additionally received seven years in suspended time and will be on probation for five years following his release. He'll also have to register as a sex offender and have no unsupervised contact with the victim or any child under 18 for the rest of his life.
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