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Judge rules sex assault, kidnap case to proceed

July 13, 2007|by TAMELA BAKER

HAGERSTOWN - The case of a Hagerstown man accused of abducting an 11-year-old girl from her Halfway apartment and sexually assaulting her will be heard in Washington County Circuit Court after District Judge Mark D. Thomas found probable cause Thursday to move the case forward.

James Ellis Hackey Jr., 39, was charged June 14 with two counts of rape, four counts of sexual offense, one count of sodomy, one count of unnatural and perverted sexual practice, one count of kidnapping, one count of abduction, one count of assault, one count of Peeping Tom, two counts of theft and three counts of burglary. The alleged attack was reported May 10.

Detective Greg Alton of the Washington County Sheriff's Office told the court that he was called to the girl's Oak Ridge home in the early morning hours of May 10. He said the girl and her 8-year-old sister said a black man wearing a mask had appeared in their room. Alton said the younger girl said the man offered her $4 to be quiet, and to count to 60 twice and he would bring her sister back. Both girls said he showed them a photo of a little girl he said was his.

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Alton said the older girl told him the man took her to basketball courts near the rear of the complex and assaulted her there, threatening to kill her and her family if she didn't do what he said.

Investigators found a stool that is believed to have been used to reach the window, a damaged window screen, a condom wrapper and a pair of latex gloves at the crime scenes, Alton said.

Reports of a Peeping Tom at the complex led investigators to Hackey, Alton said. A search of Hackey's Hager Street home turned up matching latex gloves and condoms, Alton said, and a mask matching the description the girls gave investigators was found in Hackey's scooter. The girls identified a photo in Hackey's wallet as the photo the man showed them on the morning of the attack, Alton testified.

He added that a wedding ring Hackey pawned and a digital camera found in his home matched items reported missing in area burglaries.

Alton said the victim was taken to Washington County Hospital for treatment the morning of the incident, and that investigators were awaiting the results of DNA tests on samples taken at the hospital.

Thomas denied a request by Hackey's attorney, Assistant Public Defender Jerome Joyce, to set bond for Hackey, who has been held at the Washington County Detention Center since mid-June.

Assistant State's Attorney Christopher McCormack argued that Hackey should remain held without bond until his trial because of his prior criminal record and out of concern for community safety, and Thomas agreed.

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