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Former Mercer County school therapist pleads guilty to attempt to commit a felony

Bluefield Daily Telegraph - 7/31/2018

July 31--PRINCETON -- A former physical therapist for the Mercer County school system who was charged in May 2017 with sexual abuse pleaded guilty Tuesday to attempt to commit a felony.

Charles "Charlie" Dodson, 42, of Bluefield appeared before Circuit Court Judge Derek Swope for a plea hearing. The case began in May 2017 when Sgt. M.D. Clemons with the West Virginia State Police Crimes Against Children Task Unit received a complaint about a graphic image of a female child that was seen on Dodson's cellphone, according to court records. The woman who reported the photograph said it showed nudity.

The woman who filed the complaint told investigators that she confronted Dodson, who said he photographed the child because she looked "cute" sleeping and texted the photograph to his brother-in-law, Clemons said in the complaint. Clemons described how she executed a search warrant at Dodson's home and found several cellphone photographs of the child that were shot on Dec. 17, 2015. The photos showed the child nude on a bed.

In October 2017, the Mercer County Grand Jury indicted Dodson on charges including sexual abuse by a parent, guardian, custodian or person in position of trust to a child, and distribution and exhibiting of material depicting minors engaged in sexually explicit material.

After Swope reminded Dodson of his constitutional rights including the right to a jury trial and the right not to incriminate himself, Dodson entered into a best-interest plea and pleaded guilty to attempt to commit a felony.

Attempt to commit a felony carries an indeterminate term of one to three years, Swope told Dodson. If sentenced to a term of one to three years, Dodson would have to spend at least a year in prison.

Prosecuting Attorney George Sitler told the court that 30 distinct pictures of a child in various states of undress were found, and some poses appeared to be sexual in nature. Sitler also said there have never been allegations of sexual abuse.

Dodson had no prior criminal history, and the photographs did not meet the criteria for child pornography, Sitler said.

Swope accepted the plea pending the results of a pre-sentencing investigation. If Swope accepts the plea, Dodson would be under at least three years of probation, attorney John Feuchtenberger, who represented Dodson along with attorney Ryan Flanigan,said later. Dodson would be under strict conditions during this probation. Law enforcement officials could require him to let them inspect his cellphones, cameras or computers at any time. If Dodson violated the terms of probation, he could then be found guilty and sentenced to the one to three-year term in prison.

Another person, who was not charged, took some of the pictures in the case, Feuchtenberger said. This helped to produce the plea agreement.

Swope ordered that Dodson undergo a sex offender evaluation as part of "due diligence." He remains free on bond. Dodson's next hearing was set for late September.

The Mercer County Board of Education suspended Dodson's contracted services with the school system, the board announced in a statement soon after his arrest. Clemons said at the time of the arrest that there was "never any indication that anything happened at school or with any children he treated."

Contact Greg Jordan at gjordan@bdtonline.com

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(c)2018 the Bluefield Daily Telegraph (Bluefield, W.Va.)

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