Kingsport Times News Monday, December 22, 2014

Local News

Hawkins man gets 40 years for child rape, incest

February 19th, 2009 12:00 am by Jeff Bobo






ROGERSVILLE — Daniel Ross McClellan made no statement or expression of remorse Thursday prior to being sentenced to 40 years in prison for raping his 5-year-old daughter.


Although his sentencing was Thursday, McClellan was found guilty following a jury trial Tuesday of rape of a child and incest for offenses that took place in 1995. The jury also fined him the maximum $60,000.


He was sentenced as a range 2 offender due to prior sex crime convictions that occurred in Florida in 1984. Those charges included “lewd assault” and “attempted lewd assault.”


In Tennessee, the Florida charge of lewd assault translates into aggravated sexual battery. McClellan’s victim in the Florida cases was a juvenile.


McClellan was sentenced by Circuit Judge John Dugger to the maximum 40 years on the child rape charge and the maximum 10 years on the incest charge, but by law the sentences have to run concurrently for a total of 40 years.


McClellan, 44, must serve 100 percent of the 40-year child rape sentence.


Prior to announcing the sentence, Dugger asked McClellan if he wanted to make a statement. McClellan replied that he did not.


“Our office is very satisfied with the 40-year sentence, which is the maximum allowed by law,” Assistant Attorney General Doug Godbee said after court adjourned. “It’s clear that he traumatized his whole family, and it affected everyone in his family.”


Court records show that McClellan has four children — three boys and a girl. One son, Daniel Robert McClellan, 20, was sentenced to 15 years in prison last October in exchange for a guilty plea to rape of a 5-year-old child. His presentencing report states that Daniel Robert McClellan had been sexually abused as a child.


Another son testified in Tuesday’s trial that he’d walked in on his father during the 1995 rape of his 5-year-old sister.


Daniel Ross McClellan came to the attention of the Hawkins County Sheriff’s Office in April 2007 after Daniel Robert McClellan was arrested on child rape charges. When the father came to the jail to see about getting bail for his son, it was determined that the father was a convicted sex offender from Florida who had failed to register upon moving to Hawkins County.


Shortly after the Times-News reported Daniel Ross McClellan’s arrest for failure to register as a convicted sex offender, a 16-year-old girl came forward to police and alleged that she’d been raped by the elder McClellan 11 years earlier when she was 5 years old.


That victim, now 18, also testified during Tuesday’s trial.


Prosecutors alleged that the rape took place between May and December 1995.


Other evidence for the prosecution side included testimony from a grandmother who reported the rape at the time it occurred in 1995, as well as old police and Department of Human Services records of the rape being reported.


McClellan fled the state during the 1995 investigation.


Upon his arrest in 2007, McClellan had also given a statement to investigators admitting the rape of the child, although he testified during Tuesday’s trial that he only made that statement after he and his wife were threatened by investigators.


McClellan testified that he had not sexually abused his children.


It took a jury about an hour of deliberations to find him guilty.


 

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