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Man gets 5-year term in sex assault case

A developmentally disabled Buffalo man has been ordered to spend the next five years in state prison for his part in the violent gunpoint sexual assault of his 16-year-old girlfriend.

Reading a prepared statement, James D. Jaycox, 24, of LaForce Place, told Erie County Judge Sheila A. DiTullio on Friday he wanted to apologize to his former girlfriend and his family for what he and his attorney called his drunken actions. The incident happened on March 3, 2007, while the victim was baby-sitting four young children at a Grant Street home.

E. Earl Key, Jaycox's attorney, told the judge his jailed client, who suffered a traumatic brain injury in an auto accident years ago, was "less culpable" than his co-defendants, James Ross, 19, and Ma'le Jones, 20. But the judge rebuked Jaycox for "taking advantage of a very young girl."

Key said Jaycox had what he called a consensual sexual relationship in the past with the girl and had been unaware that Ross had brought a shotgun with them when they went to the Grant Street home.

Deputy District Attorney Rosanne Eimer Johnson reminded the judge that Jaycox had actually raped the girl while Ross was pointing the shotgun at her.

The prosecutor, who obtained an order of protection barring Jaycox from trying to contact the girl for the next 13 years, noted he had been given a plea deal on an attempted rape charge because of paperwork problems in the case.

Ross, of Kenmore Avenue, was sentenced by the judge Sept. 25 to an eight-year prison term on his weapons plea in the case. Jones of Goemble Street will be sentenced Nov. 5.


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