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Man sentenced in sex offense

October 04, 2005|By PEPPER BALLARD

A Hagerstown man was sentenced Monday in Washington County Circuit Court to serve 10 years in state prison after he entered an Alford plea to second-degree sex offense in the Oct. 19, 2004, sodomy of an 11-year-old girl, according to court documents.

In entering an Alford plea, a defendant does not admit guilt, but concedes that the prosecution has sufficient evidence to gain a conviction.

Herman Avery Gundy, 31, whose last known address is listed in charging documents as 441 N. Potomac St., Apt. 7, was sentenced to serve 20 years in prison, with all but 10 years suspended by Washington County Circuit Judge John H. McDowell, documents state.

The sentence is to be served consecutively to any unfinished sentences already being served, documents state.

McDowell ordered that Gundy serve five years of probation upon his release and register as a child sex offender, according to court documents.

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According to charging documents, the 11-year-old girl reported that she was raped Oct. 19 at about 7:30 p.m. by a "large black male known as 'Biggs' at his house." Documents state Gundy is 6 feet 6 inches tall and weighs 354 pounds.

The girl said that as she was walking in the area of North Locust Street at about 7:15 p.m., a man in a parked car yelled for her to approach his car, documents state. He told the girl that he was a friend of the girl's mother and offered her a ride, according to charging documents.

The two went to an apartment, where Gundy allegedly sodomized the girl, documents state.

After the girl returned home, her mother called police to report the rape, documents state.

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