Preble County, Ohio Prosecutor's OfficeMartin P. Votel, Prosecuting Attorney

Preble County Man Found Guilty of Child Sexual Abuse

Published on April 3rd, 2015

Summary

Ricky Marcum, age 45, has been convicted of child rape, among other crimes, following a jury trial in the Preble County Court of Common Please. Marcum faces the possibility of life in prison without the possibility of parole.

On March 31, 2015, Ricky L. Marcum (age 45) of Somerville, Ohio, was convicted by a Preble county jury following a two-day trial presided over by Judge David Abruzzo. After only five hours of deliberation, Marcum was convicted on nine counts: Rape (child under 13, and specifically under 10); Rape (by force or threat of force involving a child under the age of 13 and specifically under 10); Sexual Battery; Gross Sexual Imposition (two counts involving children under age 13, and specifically under 10); Gross Sexual Imposition (two counts involving force or threat of force); and Importuning (two counts).

Valerie Sargent Eckert, representing the State of Ohio, presented, in part, the testimony of two child victims (age 11 and 10 at the time of trial) who recounted the sexual molestation they each had suffered at the hands of Marcum between January 1, 2009 and June 7, 2012—when the children were pre-school through kindergarten and first grade(s). The children, who separately disclosed in December 2013, were Marcum’s family members and had resided with him during the subject period and recounted being forced to engage in sexual contact and conduct with Marcum. The children further described living conditions within the home during the period, which included lack of electricity and water.
Represented by James W. Thomas, Ricky Marcum testified on his behalf and admitted he could offer no motivation for why the children would fabricate these allegations. He admitted the children, separated from each other in the summer of 2012, were cared for by good people and admitted that he and his wife had consented to one of the caregiver’s adoption of a third child.

On April 2, 2015, days after the jury verdicts were returned, the court held a separate hearing on a “sexually violent predator” specification which was included in the state’s indictment. At this time the court has not ruled whether the defendant qualifies as a “sexually violent predator”. If found to be a predator, i.e. that he is a person likely to engage in one or more future sexually-oriented offenses, Marcum would be subject to a mandatory term of incarceration for a period of life without the possibility of parole. The specification was included in the indictment because of the multiple victims, the long-term nature of the abuse, the varied sexual acts perpetrated, and the familial relationship between the defendant and his victims. The Court is expected to issue a ruling on the sexual predator issue prior to Marcum’s sentencing hearing on April 8, 2015 at 1:00 p.m.
If the Court finds that Marcum is a sexually violent predator, the Court will be required to impose a sentence of life without the possibility of parole. If Marcum is not found to be a predator, the Court, the Court will have the option of imposing a term of life imprisonment, with possibility of parole, or a minimum mandatory indefinite term of 25 years-to-life.

Prosecuting Attorney Martin P. Votel: These child victims were extremely brave, both in disclosing these heinous crimes, and in coming forward and testifying to them in a very public forum. There is no crime as despicable as child sexual abuse, and it is made even more contemptible when a parent abuses his position of authority and trust in the family to facilitate such crimes. The state will be recommending the most serious sentence available under law.