FARMINGTON — A Franklin County justice found a Weld man guilty Friday of two counts of unlawful sexual contact against a girl under age 18, and four counts of allowing minors to possess or drink alcohol.
James Lundy, 46, was initially indicted in 2012 on three felony charges of unlawful sexual contact and three misdemeanor charges of unlawful sexual contact. He was also indicted on four counts of misdemeanor furnishing liquor to minors under age 21.
The state dismissed all but one each of the felony and misdemeanor sex charges on Friday in Franklin County Superior Court. The plea agreement keeps the four misdemeanor alcohol charges.
Lundy pleaded guilty in November 2012 to the charges but Justice Michaela Murphy rejected an agreement reached between state and the defense. That decision came after mixed testimony in court.
Lundy is accused of inappropriately touching a girl under age 18. The incidents, according to the indictment list, were between Feb. 23, 2009, and Nov. 30, 2011. Lundy was arrested after an investigation by Franklin County Sheriff Detective David St. Laurent in March 2012.
Lundy is also accused of providing liquor to at least three different underage people.
Murphy accepted the guilty pleas Friday.
Assistant District Attorney James Andrews said the plea agreement calls for a sentence of five years to the Department of Corrections with all but a cap of one year suspended for the felony unlawful sexual contact charge. The agreement also calls for probation and 30 days on each misdemeanor conviction to run concurrent with the felony sentence.
A sentencing hearing is scheduled May 31.
Andrews said in November 2012 that if the case went to trial the victim would testify that Lundy sometimes roughhoused with her and tickled her through her clothing on her breasts and other parts of her body.
St. Laurent would have testified that he interviewed Lundy after the complaint was made and Lundy admitted touching the girl on her breasts, buttocks and vaginal area through her clothing, Andrews told the court then.
Lundy's attorney, Christopher Dilworth, said his client admitted touching occurred but it was not sexual in nature.
Andrews previously said the state was proceeding with the plea agreement because of the uncertainty of what would happen at a trial.
Dilworth said that Lundy was accepting the plea agreement because he could be convicted if the jury believed witnesses' testimony in the case.