Judge gives suspended sentences in sex abuse cases

by Doug Thompson

A Floyd County senior citizen was convicted in Circuit Court Tuesday of sexual battery of a woman more than 30 years younger than him in 2007.
Alvin Lewis Vest was fined $2,500 and sentenced to 12 months in jail on the misdemeanor charge, but Judge Ray W. Grubbs suspended the fine and jail time for one year and placed Vest on 12 months probation.
Vest was charged with fondling a 27-year-old county woman at her home on Nov. 27, 2007.
The victim testified that Vest was a friend of her family and showed up at her home and began making sexual advances towards her in front of a male friend and her child. She said Vest fondled her. She said Vest told her to “not tell anybody about this.”
Her friend backed up her testimony and said Vest appeared drunk and smelled strongly of liquor. He said he finally had to stand up to Vest and tell him to leave the home. “I had to intervene,” he said.
When asked by defense attorney Jonathan Rogers why he did not confront Vest earlier, the male friend said he was “shocked” by Vest’s behavior and hesitant about speaking out because Vest was also a longtime friend of his family.
The victim’s father testified that he called Vest’s home after he learned of the incident and that Vest came on the phone, apologized and said he was drinking and promised the incident “would never happen again.”

Flora Mae Vest, the defendant’s wife, said her husband had been drinking most of the day. She said Vest had a drinking problem but had not had a drink since the incident.

Rogers asked Grubbs to drop the sexual battery charge and impose a lesser charge of assault and battery. Rogers said the details of the case did not fit the state criteria for sexual battery.

Rogers did not dispute the primary details of the incident and admitted his client’s behavior was “obnoxious” and argued that his client did not threaten the victim, a primary criteria for sexual battery.

Commonwealth’s Attorney Stephanie Shortt argued that Vest provoked fear in the victim because of his age and relationship with her family.  Grubbs agreed and denied Rogers’ motion, saying Vest’s warning to “not tell anyone about this” could be construed as a threat.

Vest’s trial was one of two cases involving sexual abuse before Grubbs on Tuesday.

Kevin Michael Davidson of Christiansburg entered a guilty plea to taking indecent liberties with a minor child in 2006.

Davidson, under a plea agreement, received a five-year suspended sentence and was placed on two years probation.