Plea withdrawn in sexual abuse case
Published 10:20 am Monday, June 17, 2019
A Clark County man facing sexual abuse charges withdrew his guilty plea Thursday moments before he was to be sentenced.
Terrell Cain-Byington, 55, of 500 Treehaven Drive, pleaded guilty in April to charges of tampering with physical evidence, first-degree sexual abuse and use of an electronic communications system to procure a minor for sex.
Cain-Byington was arrested in February after the child’s mother contacted the Clark County Sheriff’s Office. According to court documents, the child told detectives Cain-Byington would touch his private areas, would put his hand down the child’s pants and attempt to masturbate the child.
Cain-Byington took a offer to waive an indictment by the grand jury and proceed directly to Clark Circuit Court, where he was expected to plead guilty as part of the rocket docket program.
Thursday, he seemed to balk when Clark Circuit judge Jean Chenault Logue started his sentencing hearing.
“He’s completely denied everything in all interviews,” Logue said. “I don’t normally (allow a plea to be withdrawn) but it has such ramifications and he seems so adamant.”
Logue said one statement indicated someone else used his phone. Detectives said they found deleted texts with the victim and nude photos of another juvenile on his phone.
The terms of the plea agreement called for Cain-Byington to serve one year for each charge.
Logue remanded the case back to Clark District Court for a preliminary hearing June 19. A preliminary hearing is used to determine if there is probable cause for felony charges. The defendant can waive the hearing and send the case directly to the grand jury, or have the hearing in front of a judge.
Cain-Byington remains free on bond.