UPDATE 5/2/11 @ 3:30 p.m.
CHARLESTON, W.Va. (WSAZ) -- A St. Albans man accused of sexually assaulting an 11-year-old girl and impregnating her is going to jail.
Michael Lacy pleaded guilty to the charges, Monday.
Lacy says he had sex with the girl, but was groggy from taking prescription drugs and thought he was having sex with his wife instead.
He was sentenced to 15 to 35 years in prison.
Lacy was arrested In July 2010, after an 11-year-old girl became pregnant and told police she had had sex with the 36-year-old.
Lacy will be arraigned Jan. 24.
Investigators say the alleged incident happened back in May at Michael Lacy's apartment. The 11-year-old victim was friends with Lacy's daughter and spent the night there frequently.
"She indicated she had stayed all night at Michael Lacy's residence and, at that time, she had intercourse with him," Kanawha County Sheriff's Detective Sean Snuffer said. "She stated she had not had sexual intercourse with anybody other than Michael Lacy."
Lacy says he didn't intentionally sexually assault the girl. He told deputies that it was a case of mistaken identity.
"He stated he woke up with someone kissing his neck while he was lying on the couch. He says he thought it was his wife because his wife often did that to him," Kanawha County Sheriff's Cpl. J.M. Launi said. "He admitted to kissing her neck and doing some kind of act. He could not confirm or deny actually having sex with her. He couldn't remember."
Lacy blames that memory loss on the fact that he had taken Xanax and Lortab that night. He claims that he was groggy and in and out of sleep.
Launi says that soon after the alleged assault, Lacy realized that it was the girl instead of his wife.
"They both came to the conclusion that they would not tell her parents about it unless she in fact became pregnant," said Launi.
Lacy's case has been bound over to the grand jury
Michael Lacy lived in an apartment complex along Ferrell Road in St. Albans. Police say he had sex with one of his daughter's friends during a sleepover. The girl is now 9 weeks pregnant.
"This is just an epidemic that's not going to go away," David Mullins with WV Predator Watch said. "The justice system in West Virginia enables these guys to do what they do."
Mike Lewis and David Mullins are cousins -- both victims of sex abuse. They started wvpredatorwatch.org to keep track of accused sexual predators.
"When we sit here and let these guys get away with these types of crimes, all you're doing is potentially putting other families at risk," Mullins said.
The cousins are trying to keep officials in check by monitoring their records. Lewis and Mullins were outraged to learn a Kanawha County magistrate only put a $5,000 cash bond up for Lacy's first degree sexual abuse charge.
"Slapping a $5,000 cash bond on a danger to society for anyone who has a daughter of the same age at home is absolutely absurd," Lewis said. "It is a slap in the face for every parent of a child."
Magistrate Jack Pauley stood by his decision saying, as a cash bond, "It was a reasonable bond." He added, "A bond is not meant to punish, it's only to make sure they make their court date."
Lacy is still in jail, but many worry he'll be back in society soon.
"This man needs to be behind bars," Lewis said. "Bars stop pedophiles, bonds don't and no one seems to get that picture."
"This is an 11-year-old girl," Mullins said. "Her life is ruined from here on out."
Police say the girl told police Lacy is the only one she has ever had sex with.
Lacy faces a sexual assault charge and not a rape charge, but the founders of WV Predator Watch think he should be charged with rape, explaining an 11-year-old isn't competent enough to consent to sex.
Lacy will be in court Friday for his preliminary hearing set for 1:30 p.m. If he's found guilty of sexual assault, he could spend 15 to 35 years behind bars.
Michael Lacy, 36, is charged with first degree sexual assault.
According to the criminal complaint, Lacy allegedly had intercourse with the 11-year-old victim at his apartment.
The girl is now nine weeks pregnant. The victim told deputies that Lacy is the only person she has had sex with.
Lacy's bond was set at $5,000.