Originally there were six charges of Rape involving three children, ages six to nine, however the state agreed to drop one charge for each child and reduce the Rape charges to Attempted Rape as part of a plea agreement to which Shaw pleaded guilty on Aug. 13.

The maximum sentence would have been 30 years, 10 years for each count to be served consecutively. Minimum would have been 10 years with each count served concurrently. Common Pleas Judge Jonathan Hein followed the state recommendation of 20 years (charges Four and Six concurrent, charge Two consecutive). Upon release, Shaw will have a mandatory five years post-release control. He also agreed with the state request Shaw be designated a Sexual Predator. He will be required to register with the sheriff in his county of residence every 90 days for the rest of his life.

Testimony was provided by Darke County Sheriff Detective David Hawes at the request of Assistant Prosecutor Deborah Quigley. Hawes said Shaw began the sexual abuse when he was 11 or 12 and it continued until he was 19. The youngest victim was a boy, then the two older girls. Hawes said the facts were by Shaw’s own admission.

The detective testified he asked Shaw what he thought about his actions. Shaw answered he hadn’t really thought about it at the time. Thinking back he said he didn’t feel two of the victims wanted it but the third one would ask him occasionally if he wanted to “play.” When Hawes asked Shaw what he thought should be done about this, he said Shaw’s answer was to take him into the barn, “put his genitals in a vise, then set fire to the barn.”

Shaw’s defense attorney, Randall Breaden, noted there was a strong possibility the defendant was being abused at the same time. Hawes agreed there was.

It was testified one of Shaw’s victims was currently in West Central as a Sexual Offender.

Quigley, in recommending 20 years and designation as a Sexual Predator, said this conduct went beyond normal sexual intercourse to sexual depravity. These offenses require Predator status, she added.

Breaden told the court this began when Shaw was being sexually abused, adding the bulk of offenses had occurred while he was a juvenile. “He was thinking as a child,” Breaden said. “There is no evidence he has offended anyone else.”

Breaden added if this had been discovered years ago, his client would have been treated as a juvenile. He had asked the court to sentence the minimum 10 years (all counts concurrent) with Sexual Offender status (register for 15 years).

Published courtesy of Blue Bag Media