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Last updated on Monday, June 18, 2012
(BLOOMFIELD) - A rural Bloomfield man was sentenced Tuesday to 38 years with the Indiana Department of Correction after he entered guilty pleas to two counts of sexual misconduct with a minor, both class B felonies.
Nick Schneider of the Greene County Daily World reports Marty L. Armes, 40, who was originally charged with seven counts of felony child molesting, entered a negotiated plea agreement May 10.
Greene Superior Court Judge Dena Martin on Tuesday sentenced Armes to 19 years on Count 1 and fined him $50, plus court costs; assessed a $250 sexual assault victim fee and $250 for a child abuse prevention fee.
Armes was sentenced to 19 years with the DOC on Count 7.
The sentences will run consecutively.
Two years on each count was suspended - or a total of four years providing that Armes pays the fine and court costs as ordered; he commits no violations of the law; and he was placed on supervised probation for a total of four years upon his release from prison.
Armes was also ordered to mandatory register as a sex offender upon his release from prison.
The plea deal dismissed five counts of sexual misconduct with a minor - one a class B felony and four class C felonies.
In addition, charges of domestic battery in the presence of a child less than 16 years of age and strangulation - both class D felonies in a case filed Feb. 22 against Armes - were also dismissed.
According to the pronouncement of sentence, Judge Martin cited eight previous juvenile and adult criminal convictions as aggravating circumstances, which included: Burglary (Monroe County, 1986); three counts of conversion, criminal trespass, and resisting law enforcement (Monroe County, 1988); auto theft and resisting law enforcement (Monroe County, 1988); two convictions for driving under the influence (Lowndes County, Ga., 1990 and 1991); battery (Monroe County, 1992); and operating a vehicle while intoxicated endangering a person (Greene County, 2010).
The judge noted that mitigating circumstances were the defendant's willingness to enter a guilty plea; the defendant witnessed abuse and was abused as a child; and the defendant was remorseful at his change-of-plea hearing.
However, Judge Martin stated in the sentencing order, "In imposing the sentence in the case the court considered both aggravating circumstances and mitigating circumstances. The court finds the aggravating circumstances far outweigh the mitigating circumstances and finds that a sentence of 19 years on Count 1 and 19 years on Count 7 is appropriate."
According to a probable cause filed with Greene Superior Court by Greene County Sheriff's Department Deputy James O'Malley, the sheriff's department was contacted to investigate the child molesting allegations against Armes.
With the guilty plea, Armes admitted to molesting two young females - beginning as early as 13-years-old - over a span of several years.
The oldest of the victims, now 19, told authorities about the alleged sexual misconduct between herself and Armes, as well as his misconduct with another female, now 17.
In a preliminary interview between O'Malley and the oldest victim, she confirmed the allegations and informed the officer that she had not told anyone about the continued incidents "because she was embarrassed and was unsure how her family would react," according the probable cause affidavit.
She stated that the sex acts began in 2007 when she was 14-years-old and continued for about four years until late 2011 when she was 18.
The victim said she had also witnessed Armes touch the younger victim inappropriately.
"(She) stated he never physically forced her to participate, but made her feel guilty and that she owed it to him to give in to his advances," O'Malley wrote in the probable cause affidavit.
In an interview with by two sheriff's deputies and a Department of Child Services caseworker Armes did not respond. In a later interview, he denied the allegations and refused to take a polygraph test, then requested an attorney.
The younger victim also confirmed to authorities the allegations against Armes and said her sex acts with him began when she was about 13-years-old, and had taken place approximately 100 to 115 times. She noted the sex acts continued until around July 2011.
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