An eastern Cumberland County man was denied his appeal of his May 2024 conviction of rape of a child and his maximum sentence of 40 years in prison at 100% stands pending appeal to a higher court.
John Wayne Hamby, 42, of Westel, stood trial for the August 2020 rape of a 12-year-old. Testimony was Hamby picked up the preteen from her home in the Westel area, drove her to a remote wooded area off Renegade Mountain and returned her back home about an hour later.
The victim — who testified she had never been kissed prior to the assault — testified she was fearful for her life during the incident.
At one point, she testified Hamby told her, “You can cry your eyes out. I don’t care.” She described the assault as painful, both mentally and physically.
Hamby was represented during the trial by Jeff Vires, who also filed the motion for a new trial.
In the hearing held March 4, Vires told Criminal Court Judge Gary McKenzie Hamby was a military veteran who suffered a head injury and ongoing episodes of post-traumatic syndrome disorder.
Vires went on to argue Hamby suffered hallucinations, citing testimony from Hamby’s ex-wife, and his state of mind should have “exceeded the level of reasonable doubt” for a conviction of rape of a child.
He added the assault was a “single incident” and the sentence “excessive.”
However, no expert witnesses on PTSD were called to testify during the trial.
Assistant District Attorney Phillip Hatch countered testimony from the victim and other evidence proved a “detail intent … plan … that this was an intentional crime.”
McKenzie noted the victim was in fear during the assault and also feared whether Hamby would be coming back. Broken trust was described as an “overwhelming factor” in sentencing and played a crucial role, McKenzie continued.
He then denied Vires motion for a new trial. It is not known if the verdict will be appealed to a higher court.