News, Viera – January 2, 2013
Justin Michael McCloy, 23, was given credit for serving In Iraq as an Army Reservist. His cooperation with police in admitting to abusing a thirteen year-old boy, was noted by the court. The abusive childhood he described on the witness stand, including his claim that he was sexually molested by multiple perpetrators since the age of six, was carefully weighed by Judge David Dugan, prior to sentencing him to the minimum penalty.
He will be 85 years old when he is released from prison.
The former National Guard member has been held in the Brevard County Jail since his arrest in July 2011. He accepted a plea deal in June 2012, dropping 43 of the 52 counts against him. Despite the deal, McCloy could have received a 135 year sentence for the remaining charges.
The Jessica Lunsford Law, enacted in 2005, requires minimum mandatory sentences for sex crimes committed against children. Florida law also prohibits early release or “Gain Time” for Felony sex offenders.
Rockledge Police found McCloy with the boy in the predawn hours of July 25, 2011, after pulling him over for driving without headlights. They found marijuana and condoms in the vehicle. His victim told police that McCloy would provide him transportation and give him money for drugs in exchange for sex.
McCloy had been close to the victim and his family since the boy was about nine. The sexual abuse began shortly after McCloy’s deployment ended and he returned to Rocklege in December 2010.
Psycologist, Dr William Reibesame testified for the defense, stating that McCloy suffered from Post Traumatic Stress Disorder as well as Pedophilia. He said the PTSD might stem from McCloy’s own abuse as a child or his experiences in Iraq. The portrayal of McCloy as a victim faded somewhat, when Dr. Reibesame admitted that McCloy might reoffend if released into the community.
“I always felt guilty when it happened”, McCloy said. He took the stand and testified wearing a jail jump suit and shackles. McCloy said his innitial statements to police were inaccurate, when he estimated he had sexual contact with the boy fifty times in a six month period.
McCloy’s attempts to minimize his sentence and elicit sympathy from the court, were blunted when his testimony revealed more details about his crimes. He admitted to making a video which police found on his computer, showing McCloy performing oral sex on the boy. Police retrieved numerous emails between McCloy and the victim in which he graphically discussed sexual acts. McCloy also admitted that he digitally penetrated the child. Prosecutors said his activities were part of a deliberate process of grooming the victim, in order to satisfy his sexual desires.
He will be on probation for life after his prison term is complete. Court Monitors from Protect Our Children were on hand for the hearing at the Moore Justice Center in Viera.