A criminal complaint was filed in the Calhoun County Magistrate Court by Trooper J.D. Richards on the 12th day of December 2022 in the office of Magistrate Lora Davis. Trooper Richards informed the court that on or about July 29th, 2022 at approximately 10 p.m. he had received a complaint from Calhoun County Dispatch of possible sexual abuse of a child by a grandfather at the address of Sang Run Rd., Chloe, Calhoun County, WV 25235. After speaking with the complainant who expressed concern about some remarks that her child had openly stated to the complainant and her husband. Trooper Richards interviewed the complainant at the Grantsville WVSP Detachment on July 30, 2022 where it was alleged that the victim stated that Charter Dee Badgett Jr., 71 years of age, was watching the victim for a period of time on the 27th of July 2022, and at a point on this date when he and the victim were alone, had sexual contact with the victim.
On December 9, 2022 Trooper Richards along with WVSP CPL. Jarvis conducted a mirandized interview of Charter Badgett, Jr. where he confessed to having sexual contact with the victim on the above described date and address.
After considering the facts gathered during the investigation, Trooper Richards requested and received a warrant for the arrest of Charter Badgett, Jr. on the charge of sexual abuse by a person in position of trust to a child considering the victim’s relationship to the accused and sexual abuse in the first degree considering the age of both the victim and accused. Badgett was arrested on December 12, 2022 and is being held in the WV Central Regional Jail with bond set at $100,000.
WV State Code §61-8D-5. Sexual abuse by person in a position of trust to a child:
(a) In addition to any other offenses set forth in this code, the Legislature hereby declares a separate and distinct offense under this
subsection, as follows: If any parent, guardian or custodian of or other person in a position of trust in relatioa to a child under his or her care, custody or control, shall engage in or attempt to engage in sexual exploitation of, or in sexual intercoutse_ sexual intrusion or sexual contact with, a child under his or her care, custody or control, notwithstanding the fact that the child may have willingly participated in such conduct, or the fact that the child may have consented to such conduct or the fact that the child may have suffered no apparent physical injury or mental or emotional injury as a result of such conduct, then such parent, guardian, custodian or person in a position of trust shall be guilty of a felony and, upon conviction thereof, shall be imprisoned in a correctional facility not less than ten nor more than twenty years, or fined not less than $500 nor more than $5,000 and imprisoned in a correctional facility not less than ten years nor more than twenty years.
§61-8B-7(c). Sexual abuse in the first degree:
(a) A person is guilty of sexual abuse in the first degree when:
(1) Such person subjects another person to sexual contact without then consent, and the lack of consent results from forcible compulsion; or
(2) Such person subjects another person to sexual contact who is physically helpless; or
(3) Such person, being fourteen years old or more. subjects another person to sexual contact who is younger than twelve years old.
(c) Notwithstanding the provisions of subsection (b) of this section, the penalty for any person violating the provisions of subsection (a) of this section who is eighteen years of age orolder and whose victim is younger than twelve years of age, shall be imprisonment for not less than five nor more than twenty-five years and fined not less than $1,000 nor more than 55,000.
