After being convicted of sexually abusing two young girls, a sick ice cream shop man will not be going to prison, RadarOnline.com can report.
The 65-year-old pervert will allegedly be spending the next two years under house arrest and ten under probation, even after her was convicted of 12 counts of sexual abuse and sentenced to 20 to 40 years in prison.
"He is a nasty man, he did things to me, things I will never forget for the rest of my life," said one of the victims, according to a source. "He had the power, but now it's my turn. I want you to put him back in jail."
David Higginbotham Sr. was granted a new trial after Dr. Jennifer Wolford examined the two girls and spoke of her findings to the media. Part of her rebuttal was stricken from the testimony, since she did not voice her diagnosis in front of a jury.
Read the Superior Court's final decision: "The trial court does not identify which evidence Dr. Wolford's testimony was admitted to rebut, and it is obvious to this Court that a defense attorney's statement to the media does not constitute evidence. Furthermore, there is no evidence of record that the jury was even aware of counsel's media statement. This clear legal error was an abuse of the trial court's discretion."
The girls, who are sisters and were once the criminal's family friends, are now teenagers. Higginbotham was accused of sexually abusing them various times in a span of several years.
He pled guilty to six of the original 12 counts. These included unlawful contact with a minor, indecent assault and misdemeanor corruption of a minor.
According to Police Chief Robert Amann, the 13-year-old victim once "wrote a note sort of itemizing the assaults and turned that over to her parents."
The criminal has now been registered as a sex offender.
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