2010-08-19 / Local & State

McFadden Sentenced In Assault Case

Ordered to complete 12 years probation
By Chanin Rotz-Mountz

A McConnellsburg man told the court this week he considered himself to be a “decent” person in spite of the judge making reference to his “checkered” criminal history that includes burglary, trespassing, harassment and the most recent offenses of corruption of minors and indecent assault of a person less than 16 years old.

After having been granted two continuances, 35-year-old Timothy Marlin McFadden Jr. appeared before Fulton County Court of Common Pleas Judge Shawn Meyers on August 17 for sentencing in connection with ongoing sexual encounters he had with a 15-year-old girl during November 2009.

McFadden, of 189 Strait Way Drive, informed Judge Meyers he has been attending weekly treatment sessions at his own personal expense since the initial continuance was granted in March. He is currently involved in the third phase of the four-step program, which is aimed at preventing future reoccurances. The current step includes writing a letter of apology to the victim.

McFadden went on to say he took full responsibility for his actions and was truly sorry.

“I can’t say I didn’t mean for it to happen,” said McFadden, who added he was sorry for all he had put his wife and children through. “I’m sorry, and I’m scared, not for myself, but for my family. Despite what my record shows, I think I’m a decent person.”

Prior to handing down the sentence, Meyers stated he was going back and forth on this issue due to McFadden’s lengthy history. “Maybe if you had suffered some harsh consequences in the past you wouldn’t be here today,” the judge said.

Weighing in McFadden’s favor, however, was a prior request for leniency made by the victim’s family and the possible demise of the family-operated farm at 555 Keefer’s Dairy Lane if McFadden was given a prison sentence.

“I’ve struggled with this since I first read the presentence report,” Meyers announced on Tuesday.

“No one was in control of the situation except for you ... You violated family trust,” the judge told McFadden and noted it was unfortunate a scarlet letter could not be issued to make the community aware of his deeds.

McFadden was ordered by the court to complete a total of three 36-month probation sentences for the corruption of minors as well as an additional three 12-month probation sentences for indecent assault. As a follow-up to completing a total of 12 years probation, Mc- Fadden was also ordered to complete any necessary treatment and programs and community service. He must also refrain from contacting the victim and her family and cannot have any unsupervised contact with any female under the age of 18.

“This gives me no satisfaction at all, but I can’t see the point of destroying your family further,” the judge concluded.

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