No jail for elderly Ruckersville man because of his age

An elderly Ruckersville man convicted of an amended sex crime stayed out of prison Tuesday based solely on his age. And the victim’s parents are ticked at former Orange County Commonwealth’s Attorney Diana Wheeler O’Connell’s office for allowing it to happen. Ronald Heavlin, an 82-year-old great-grandfather was convicted via a plea deal developed under O’Connell’s tutilege prior to new Commonwealth’s Attorney S. Page Higginbotham assuming office January 1, 2024. Heavlin has been charged with felony aggravated sexual battery of a child less than age 13. In fact, the girl was four years old when the crime was committed. The amended charge knocked the offense down to misdemeanor sexual battery punishable by a maximum sentence of 12 months in jail. The agreement however called for a suspended 12-month sentence meaning no active jail time but stipulated the man must register with the Virginia State Police’s Sex Offender Registry and the court ordered a permanent protective order requiring no direct or indirect contact with the victim and her parents. The parents both verbally provided victim impact statements to the court. The mother showed Presiding Judge David B: Franzen a photo taken of her daughter at age four and another a year later. The first photo showed a smiling girl vibrant and full of life. The second photo, a school picture, showed the same girl frowning, depressed, and sullen. The mom said her daughter remains in therapy and won’t allow friends. The father thanked Deputy Commonwealth’s Attorney Russell Henderson and Higginbotham for handling the difficult case while lambasting O’Connell for mishandling it. He said they were never told the charge was being amended and Heavlin would not be going to prison

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