Date: 08-12-2024

Case Style:

Commonwealth of Pennsylvania v. James Henry McCray

Case Number: CP-02-CR-0014342

Judge: Not Available

Court: Court of Common Pleas, Criminal Division, Allegheny County, Pennsylvania

Plaintiff's Attorney: Allegheny County Pennsylvania District Attorney's Office

Defendant's Attorney:

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Description:

Pittsburgh, Pennsylvania criminal defensw lawyer represented Defendant charged with sexual offenses against two teenage girls.

In the summer of 2018, McCray gave rides to fifteen-year-old S.S, who viewed him as a trusted adult. When the two were alone, McCray asked S.S. about her pubic hair and whether she was a virgin. Eventually, McCray took S.S. to his residence, where he put his finger in her vagina, pulled down her pants, and subjected her to oral sex. Afterwards, McCray threatened to kill S.S. and her family if she told anyone what he did.

On June 28, 2019, McCray offered to drive sixteen-year-old E.K. to school. E.K. accepted the ride. McCray asked E.K. about her pubic hair and rubbed her vaginal area, over and inside her pants. Over her protests, McCray told E.K. that he wanted to have sexual relations with her. E.K. convinced McCray to drop her off at a local park.

McCray was charged at separate dockets for his conduct with S.S. (Case 14342-2019) and E.K. (Case 14343-2019). On October 28, 2022, McCray entered guilty pleas to involuntary deviate sexual intercourse and corruption of minors[1] (as to S.S.) and unlawful contact with a minor, corruption of minors, and indecent assault[2] (as to E.K.).

On February 28, 2023, McCray appeared for sentencing in both cases. The Commonwealth indicated that it intended to present a "victim impact statement" from L.B., the victim in one of three cases from 2001 in which

McCray sexually assaulted other teenage girls. McCray objected, as L.B. was not the victim in either case for which he was being sentenced.

[Defense counsel:] . . . I'm objecting to [L.B.'s] testimony. It has nothing to do with the charges [McCray is] facing; he is not charged with anything concerning [L.B.]. He's already been sentenced for that; he's already served his time for that. It's already been factored into the guidelines for what he's facing this Court today, Your Honor. It has no bearing whatsoever on this Court's decision, a case that happened over 20 years ago. . . .

[L.B.'s testimony] wouldn't be admissible any other way in any other proceeding, not [under Pennsylvania Rule of Evidence] 609, not [under Rule] 404. It's stale; it's remote; it has no bearing whatsoever at the sentencing.

N.T., Sentencing, 2/28/23, at 13, 15.

Outcome: Defendant was found guilty and was sentenced to an aggrate term of 14 to 28 years in prison.

Affirmed.

Plaintiff's Experts:

Defendant's Experts:

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