WORTHINGTON — A Brewster business owner won’t serve any more jail time for grabbing male patron’s genitalia, per victim wishes.
James D. Weaver, 77, owner of Jim’s Amoco and Food Shop, was convicted Monday of felony fourth-degree criminal sexual conduct, which was filed in March in relation to a complaint from a then-14-year-old boy. Weaver pleaded guilty to the offense in July in exchange for the state dismissing 11 fifth-degree gross misdemeanor counts of criminal sexual conduct that alleged Weaver grabbed other adult male patrons' genitalia over the past approximately two decades.
The plea agreement called for a cap of 60 days in jail. However, it was reported that the victim and victim's mother didn’t want Weaver to be sent to jail, because it would prolong closure.
Fifth Judicial District Judge Terry Vajgrt paused before issuing his sentencing order.
“I think you need to understand that if not for preference of the victim, you’d be going to jail today,” Vajgrt told Weaver, calling his actions detailed in the criminal complaints ‘longstanding, criminal and harmful.’
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With noted hesitation, Vajgrt followed the victim’s wishes, and sentenced Weaver to two days in jail, which he’d already served. He was given an 18-month prison sentence, which will be stayed pending compliance with the terms of his five years of supervised probation. He was also ordered to pay a $1,000 fine, not have contact with victim or juveniles younger than 18 and register as a predatory offender.
Vajgrt left Weaver with a cautionary message.
“You’ve got work to do,” he told Weaver about complying with a psychosexual evaluation. “You have a prison sentence hanging over your head.”
