Canton man convicted on four counts of statutory rape

By Lisa Majors-Duff

Rathbone

The Superior Court trial before Judge James Baker involved Jamie Eugene Rathbone, 24, who was charged with sexually assaulting two Haywood County runaways, ages 13 and 14, in February 2000. The girls were reported missing after not arriving for school in Waynesville on Feb. 20, 2000.

At the time of his arrest last March, Rathbone said he picked up the girls on his way to work in Cullowhee in an attempt to help them out. He took them to a house he was renovating on Mulberry Branch Road, where authorities said he held them for three days against their will.

"I apologize for any mistakes I made," Rathbone said when given an opportunity to speak before Judge Baker handed down the sentence. "I never meant to hurt anybody, and I didn't force anybody to do anything they didn't want to do. I didn't realize I was breaking the law."

Testimony used to convict Rathbone included DNA evidence collected at the scene and from the victims' rape kits, said Darrin Young, a former investigator with the Jackson County Sheriff's Department. Assistant District Attorney Sally Waters also called the victims to the stand to testify.

Sylva attorney Leonard Hilty, Rathbone's court-appointed counsel, called the defendant's employer, Buddy Burgess, to the stand. It was Burgess who "sort of adopted (Rathbone) and supported him and took him under his wing," Hilty said. Burgess also used his own property "to get (Rathbone) out of jail" on bond, he said.

"Your honor certainly has very broad sentencing discretion," Hilty said prior to sentencing. "We pray for leniency."

Judge Baker consolidated the charges involving each of the victims, giving Rathbone at least 40 years in prison on two counts each of statuary rape and taking indecent liberties with a minor and one count of second-degree kidnapping, for a total of 10 charges.

"I'm pleased with the investigation and the prosecution," said Toni Morgan, mother of one of the victims. "I'm just glad the nightmare is over."

Rathbone gave notice of appeal.

In another case involving a sexual offender, Charles Edward Alvey, 36, of Tuckasegee entered a guilty plea to second-degree rape. Judge Baker sentenced Alvey to not less than 72 nor more than 96 months. He was ordered to undergo psychological treatment.

Alvey was charged in connection with a June 1999 incident involving his 6-year-old niece. In exchange for his guilty plea, charges of first-degree statutory rape and taking indecent liberties with a child were dismissed.

Assistant Editor Carey Phillips contributed to this report.

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