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Bloomington Man Faces Charges Of Sexual Misconduct After Lying About His Age
Updated November 21, 2016 6:48 AM | Filed under: Crime
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(BLOOMFIELD) - A warrant was issued for a Bloomington man for his arrest after allegedly claiming to be half his age in order to be in a relationship with a teenager.

According to a probable cause filed by the Greene County Prosecutor's Office, 35-year-old James Erwin III is facing a charge of Level 4 Felony sexual misconduct with a minor.

"On September 16, Family Case Manager Ben Kimmell and I met with (the victim's mother) at the Greene County Department of Child Services office. (The mother) advised us she and (the minor) went to the Bloomington Walmart on Aug. 8. She said (the minor) went to the movie section and when she walked back there (the minor) was talking to a boy."

The male was reportedly at the Bedford Walmart the following week on August 14 as well.

"She (the mother) said she talked to him for a few minutes.". "She told him (the minor) was (a teenager) and that she didn't want (the minor) to get hurt. He introduced himself as Jimmy Ervin and said he was 17 years old."

The mother reportedly asked to see his driver's license, but he told her he hadn't driven and didn't have it on him. She later allowed him to go to their house to get to know him.

"(The mother) told FCM Kimmell that her neighbor told her when she left for work in the mornings that (Erwin) was coming to her house. She said she confronted (the teen) and (the teen) was upset and crying. She said she told (the teen) that things weren't adding up and that she needed to be honest with her and tell her what was going on."

The teenager reportedly stated they and Erwin met on Instagram at the end of June 2016.

"(The mother) asked her if they had sex. (The teen) stated 'yes,'" Criger wrote.

The mother had Erwin come to her house and talked to the two of them about having sex. Erwin admitted to her they had.

The mother reportedly said she learned Erwin was lying about his identity at a family reunion.

"(Erwin) happened to be there, so she let him and (the teenager) hang out," Criger wrote. "She stated later in the day her cousin recognized Erwin as a person she went to high school with and that he wasn't 17 years old."

Law enforcement was reportedly contacted and the Monroe County Sheriff's Department Deputy James Qualters conducted interviews, captured on body camera. Erwin was interviewed and admitted to having sexual intercourse with the teenager in Greene and Monroe Counties.

"On Sept. 16 FCM Kimmell and I interviewed (the teenager) at the Greene County DCS office," Criger wrote.

The minor reportedly admitted to telling Erwin an incorrect age of 18 initially.

The teen reportedly said the two of them started having sexual intercourse before the school year started in Monroe and Greene counties in 2016.

The teenager reported the sexual encounters happened about 30 times, and then changed the number to six times at a later date. The teenager noted all of the encounters were consensual.

Criger's probable cause also listed the following:

On September 19, Kimmell reportedly contacted Erwin, who said he would talk to his attorney and get back with him, which he never did.

On September 22, photographs of the mother's residence were taken and a phone, iPad and letter were seized.

On September 25, the teenager changed her story and told the interviewing officer they had sex with Erwin only once after he learned they were only underage, as opposed to the three times they told the day before.

On September 28, police discovered photographs of Erwin and the teenager kissing and sitting on the teen's bed on the iPod.

On September 30, the mother reported the teenager's school had found the teenager in possession of a phone she did not purchase or was aware of. Copies of the video interviews from the park of Erwin were also acquired.

Erwin on September 10 told police he had sexual intercourse with (the teenager) after (the mother) told him (the teenager) was (a minor).

On October 25, a school administrator of the school reportedly contacted police.

School officials seized another cell phone, iPod and a love note to Erwin. The mother knew nothing about the second cell phone or iPod.

On October 27, Erwin admitted to him that he had sexual intercourse one time after (the teenager was revealed to be underage). (His) story has changed from what he told police that he had sexual intercourse with (the teenager) three times after he learned (the teenager) was (a minor).

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