Donald K. "Keith" Weekley, Jr., age 33, indicted in February on eight felony counts pertaining to sexual abuse, pleaded guilty to two charges of sexual abuse on Thursday in Tyler County Circuit Court.
Weekley pleaded guilty to counts three and seven of the indictment, both counts being felony sexual abuse in the first degree. Counts one and two were dismissed without prejudice, which means the charges may be tried at a later date. Counts four, five, and six were dismissed as per Weekley's plea agreement.
One incident in question occurred in November, 2010. Prosecuting Attorney D. Luke Furbee, when presenting the state's evidence, informed the court Weekley had called 911 dispatch at that time.
Donald Weekley, Jr.
Weekley eventually made a voluntary statement to West Virginia State Police. When speaking to Sgt. Charlie Kush, a criminal investigator with 17 years experience, Weekley also voluntarily submitted to a polygraph test. After deliberation, the voluntary statement implicating Weekley was ruled admissible by Hummel as evidence at an earlier hearing.
Furbee explained, "911 received a call from the defendant advising the dispatcher the caller was expecting to be accused of (molestation) by his step-daughter and her friend." (At the time of the incident, both females were 14 years old.)
Deputy Scott Dalrymple was contacted and subsequently took statements from the victims. According to the statement, Weekley had entered the bedroom where the girls were sleeping, and put his hand inside one victim's pants, touching her genital area. The victim awoke and asked Weekely to stop, saying she didn't want him to do that. The other female minor corroborated the story.
In the second incident, which occurred in June, 2009, Weekley made contact of a sexual nature while his wife was out of town, after requesting the minor child sleep with him because he "wasn't used to sleeping alone."
Judge David W. Hummel, Jr., accepted Weekely's plea agreement, questioning Weekley's culpability as the defendant began to make his statement to the court.
Weekley began by saying, he was pleading to one charge "because my step-daughter said I did it."
"So that's why I'm pleading guilty," said Weekely.
At this point, Judge Hummel remarked, "Mr. Weekley, this is where the rubber hits the road. I am not asking what someone said or did. What, sir, did you do that prompts you to enter this guilty plea?:" Weekley remained silent.
Judge Hummel then continued, "What did you do?"
Weekley said, "I was drunk, and I don't remember exactly what happened."
Judge Hummel then commented, "So you're going to use that as your excuse? That you were drunk?"
Weekley finally admitted to the act he was charged with in June. The judge then went on to question the reason for Weekley's second guilty plea.
"What about the second incident?" asked Judge Hummel. "Why are you pleading guilty?"
Once again, Weekley claimed he was drunk at the time of the incident.
Again, the Judge asked Weekely, "What did you do?"
Weekely stated, "I tried to put my hand down her pants."
"Tried? Or did?" retorted the Judge.
"I did put my hands down her pants," Weekley finally admitted.
"Then what happened?" continued the Judge.
"I took my hand out of her pants," said Weekely.
"Did you touch the child inappropriately?" questioned Hummel.
Weekley admitted to touching the minor female's genitals.
Accepting Weekley's two guilty pleas, Judge Hummel sentenced the defendant to two terms of not less than one, nor more than five years in a West Virginia Department of Corrections facility. The sentences will run consecutively. Weekley must also register as a sexual offender for the rest of his life.
After reading the terms and conditions of his sexual offender status to Weekley, Judge Hummel remanded the prisoner to North Central Regional Jail, where he will be transferred into the sex offender unit.