How Could You? Hall of Shame-James Terrell Austin UPDATED

This will be an archive of heinous actions by those involved in child welfare, foster care and adoption. We forewarn you that these are deeply disturbing stories that may involve sex abuse, murder, kidnapping and other horrendous actions.

From Gaston County, North Carolina, 33-year-old foster parent James Terrell Austin was arrested for child sex crimes including first-degree rape, indecent liberties with a child and first-degree sex offense for having sexual relations with a child under the age of thirteen. The charges stem from incidents in 2009. He was booked into jail on Monday, September 26, 2011 on a $500,000 bond.

Foster parent accused of rape
[Gaston Gazette 9/27/11 by Kevin Ellis]

Update: James Terrell Austin, still in jail on a $1 Million bond,  pleaded not guilty on Tuesday June 5, 2012. He rejected a plea deal and will go on trial on July 23, 2012. When the grand jury indicted him in February 2012, the bond was doubled.

The charges are as follows: “five counts of first-degree sex offense against a  child, four counts of indecent liberties with a child, five counts of sex  offense in a parental role and four counts of first-degree rape of a child.

The plea deal would have meant 12-15 years in prison for Austin, who has no  previous child sex crimes convictions, according to Assistant District Attorney  Megan Rhoden.”

Foster parent accused of sex abuse denies plea deal

[Gaston Gazette 6/6/12 by Diane Turbyfill]

 

REFORM Puzzle Pieces

Update 2: “Jury selection in the trial of James Terrell Austin concluded Monday afternoon. The 12 Gaston County residents will decide whether or not the 34-year-old man committed sex acts against a girl who was in his care in 2009.
The child, now 13, has since been adopted.
Austin, who remains in jail under a $1 million bond, rejected a plea offer in June.
Austin is charged with five counts of first-degree sex offense against a child, four counts of indecent liberties with a child, five counts of sex offense in a parental role and four counts of firstdegree rape of a child.
The plea offer would have meant 12 to 15 years in prison for Austin, who has no previous child sex crime convictions, according to Assistant District Attorney Megan Rhoden.
Austin has been in Gaston County Jail since his arrest in September 2011.
Potential jurors were questioned for hours Monday by prosecutors Rhonden and Stephanie Hamlin, and defense attorney Gus Anthony.
Each man and woman was asked if they had ever been victims of sex crimes and if they were capable of hearing testimony and evidence on the subject.
The trial, overseen by Superior Court Judge Bob Ervin, is expected to take about a week to complete.”

Teen testifies to rape by foster father

[Gaston Gazette 7/24/12 by Diane Turbyfill]

Update 3:”A 13-year-old girl sobbed as she faced the jury and swore to tell the truth about being raped and molested two years ago.

The girl told jurors Tuesday that she was sexually assaulted in 2009 by James Terrell Austin, a Gastonia man who was then her foster father.

At the time, the child was 11 and Austin 31.

Taken from her parents by the Department of Social Services when she was 9, the girl lived in eight to nine foster homes before being adopted by an out-of-state relative. She said that at first she was happy to move into the Austins’ home.

“I liked it because it was like a family,” she told jurors.

But the relationship between Austin and the girl devolved over a course of months, she testified.

“Every morning before he went to work, he would come in my room and lay with me,” the girl said from the witness stand.

Austin is charged with five counts of first-degree sex offense against a child, four counts of indecent liberties with a child, five counts of sex offense in a parental role and four counts of first-degree rape of a child.

Affection or molestation

Austin began grabbing and smacking her behind and kissing her, the girl testified.

“He would say stuff like ‘I love you,’ and ‘I want you,’” she said.

During her testimony the girl sniffled and wiped her nose and eyes. She answered questions by the prosecution that described each of the encounters, all of which she said happened in either her bedroom or Austin’s bedroom.

She said she tried to avoid Austin’s advances and cried while asking him to stop during one of the alleged rapes.

The girl said Austin talked about their future together.

“He said that we were going to get married,” she said from the witness stand.

Foster family falls apart

The girl was placed in the Austins’ home in December 2009. Austin’s former wife testified about once serving as the girl’s case worker with Grandfather Homes, a foster care placement agency.

Rebecca Rutledge said she saw the girl needed her and eventually became her guardian and took her into her Trinity Avenue home with Austin and her two sons.

Now divorced from Austin, Rutledge said she never saw any sexual encounters between her ex-husband and the child, but she said Austin’s attraction to the girl was unnatural and attributed to the demise of their marriage.

“He made a comment that he loved (the girl) more than me or anybody in his life ever,” Rutledge said.

Rutledge started noticing her husband being “flirty” with the girl and constantly cuddling with her. Rutledge told jurors that she confronted Austin about her suspicions but that he consistently denied the accusations and called her crazy.

Rutledge testified that she eventually asked Austin to move out of the home and sent the girl back into foster care.

Accusations 2 years later

The accusations came to light in 2011, after the girl had moved in with a relative who would later adopt her. But a social worker suspected there were problems a year earlier, according to Gaston County Assistant District Attorney Stephanie Hamlin.

Hamlin told jurors that the social worker became concerned during the last meeting between Austin and the child. Hamlin said that Austin asked the social worker to give the girl some gifts from him – a locket, an MP3 player with downloaded music and voice messages, a jewelry box and a note.

Sgt. Eric Wiggins with the Gastonia Police Department read the letter aloud to jurors Tuesday afternoon. Austin’s letter told the girl to keep in touch, giving her his phone number and email address.

In the letter Austin tells the girl to remember October 2016, the month and year that the child would turn 18, said Wiggins.

“I will wait till you’re older and can do more on your own without people over you all the time,” Wiggins read from the letter.

The letter ended with, “Love you always, your dad James,” Wiggins testified.

The social worker initiated an interview with the girl in which the child denied any inappropriate behavior by the Austins.

Defense attorney Gus Anthony asked the girl several questions about the timeframes of the alleged abuse and about why she would keep such crimes a secret. She testified Tuesday morning that she lied because she didn’t trust anyone at that time.

Trial continues

Superior Court Judge Bob Ervin is presiding over the trial that is expected to conclude at week’s end.

Six men and six women will decide Austin’s fate.

Austin has denied all allegations. Only prosecutors have presented evidence thus far. The defense will have an opportunity to present evidence when the state rests its case.

Austin rejected a plea offer in June that would have sentenced him to 12-15 years in prison.”

Teen testifies to rape by foster father

[Gaston Gazette 7/24/12 by Diane Turbyfill]

Update 4: “After spending parts of two days in deliberation, a Gaston County jury found a former foster parent guilty of 14 child sex crimes.

James Terrell Austin, 34, of Gastonia, was sentenced to 36 to 45 years in prison – convicting him of first-degree rape of a child, taking indecent liberties with a child and other related sex charges.

The trial began Monday and the presentation of evidence concluded Wednesday. Jurors listened to closing arguments Thursday morning. By late Friday morning the verdict was returned.

Austin served as a foster parent to an 11-year-old girl from December 2009 to August 2010. The girl lived in Austin’s Trinity Avenue home with him, his wife and his two stepsons.

During that time, Austin used his role as a foster parent to get close to the child. He eventually crossed the line with his affections, starting with touching and kissing and ultimately raping the girl on at least two occasions.

The woman who was married to Austin at the time has since divorced him. She testified during the trial, saying she never saw sexual abuse but observed inappropriate behavior. Her suspicions led to arguments and ultimately a split in the relationship and new placement for the child.

A therapist present at the final meeting between Austin and the girl initially reported the possibility of abuse after combing through gifts Austin gave to the child. Included in the presents were a love letter that was hidden in a false bottom of a jewelry box, a locket and an MP3 player with three voice messages.

Jurors listened to the voice messages during the trial then requested to hear them again during deliberations. In the recordings Austin professed his love to the girl and said he looked forward to marrying her in October 2016, when the girl would be of legal age.

Austin testified Wednesday that he loved the girl but not in an inappropriate way.

Now adopted and living with a relative out of state, the girl gave tearful testimony Tuesday then sat in court for the duration of the trial.

The girl and her family chose not to address the court during Austin’s sentencing.

Superior Court Judge Bob Ervin imposed the sentence.”

Foster father convicted of child sex crimes

[Gaston Gazette 7/27/12 by Diane Turbyfill]