UPDATE: Judge upholds father’s sentence on ‘egregious’ sex case

(WSAZ)
Published: Nov. 4, 2015 at 9:22 AM EST
Email This Link
Share on Pinterest
Share on LinkedIn
UPDATE 10/17/16 @ 5:50 p.m.

HUNTINGTON, W.Va. (WSAZ) -- A judge calls a father who recorded sex acts involving a 7-year-old one of the worst cases he's ever seen in his court.

Daniel Lovejoy was back in court for a hearing to reconsider his sentence Monday afternoon.

He read an apology and requested leniency and home confinement, but Judge Paul Farrell upheld his initial sentence.

“Mr. Lovejoy, I've had very few cases that are as egregious as yours,” Judge Farrell said.

Farrell upheld his original sentence, meaning Lovejoy must serve at least 68 years in prison, up to 195 years. If he’s released from prison, he would also have to register as a sexually violent predator for 50 years.

As we've already reported, Lovejoy and his wife Nicole were arrested in November on child pornography charges. Investigators later found a memory card showing both Daniel and Nicole performing sex acts with a 7-year-old.

Two months ago, Daniel entered a Kennedy plea to eight of the charges in exchange for 40 others to be dropped.

"I cannot think of anything worse than what you did to this child. It is unforgivable truly," said Farrell.

"It's a very serious crime,” adds assistant prosecutor Peggy Brown. “It's the kind of thing that cannot really be undone ever. So i think his sentence is appropriate under the circumstances."

As part of his apology, Lovejoy said he had become a Christian in jail and was now willing to address his addiction to pornography and other issues. He also requested home confinement to take care of his mother.

But the judge also addressed family members who wrote letters of support on Lovejoy's behalf, saying he found it interesting and couldn't believe that none mentioned the damage done to the victim in this case.


UPDATE 8/8/16 @ 3:15 p.m.

HUNTINGTON, W.Va. (WSAZ) -- A parent accused of recording sexual acts involving a 7-year-old child has entered a Kennedy plea to 8 of the 48 charges against him.

Daniel Lovejoy, 31, of Milton entered the plea to one count of distribution, exhibition of child pornography, one count of use of minors in filming explicit conduct, two counts of sexual abuse by a parent/guardian/custodian, two counts of incest, one count of sexual assault involving a child under the age of 14, and one count of conspiracy to commit incest during a hearing Monday afternoon in Cabell County Circuit Court.

41 other counts of a January indictment, that also included his wife Nicole, were dismissed.

Following the plea, he was sentenced to 56 to 195 years. He will be back in court September 19 to reconsider the sentence.

A trial date for Nicole Lovejoy, 29, is set for October, but prosecutors have offered her a plea deal.

The couple was arrested in November, 2015 after West Virginia State Police spent months investigating child porn trafficking found more than a dozen files shared online, portraying what appears to be adults engaging in sexually explicit conduct with young children.

After being taken into custody, troopers said Daniel Lovejoy admitted to investigators that he had been downloading materials depicting minors engaged in sexually explicit conduct for years.

Inside the home, investigators said they found a memory card with images of Daniel and Nicole performing sexual acts with the 7-year-old.


UPDATE 7/25/16 @ 10:50 p.m.

HUNTINGTON, W.Va. (WSAZ) -- A parent accused of recording sexual acts involving a 7-year-old child was back in court Monday.

Daniel Lovejoy was expected to make a plea, but he instead informed his lawyer he wanted a new attorney.

When the judge asked Lovejoy if he could afford new legal representation, he said he couldn't. The judge ended up denying the request.

Lovejoy has two weeks to hire a new attorney.

Daniel Lovejoy and Nicole Lovejoy, both of Milton, were indicted in January by a grand jury in Cabell County. They face multiple charges, including first degree sexual assault and use of minors in filming sexually explicit conduct.

Daniel Lovejoy's trial date is set for Aug. 8.


UPDATE 1/28/16

HUNTINGTON, W.Va. (WSAZ) -- A couple charged with multiple counts in a child sex case was in court Thursday.

Daniel Lovejoy, 31, and Nicole Lovejoy, 29, both of Milton, were indicted last week by a grand jury in Cabell County.

Thursday they were arraigned on charges of Possession and Exhibiting of Material Depicting Minors Engaged in Sexual Explicit Conduct, Use of Minors in Filming Sexually Explicit Conduct, First Degree Sexual Assault and 1st Degree Sexual Abuse and Sexual Abuse by a Parent, Guardian, Custodian. Several of the charges involve multiple counts.

The couple was arrested in November after West Virginia State Police spent months investigating child porn trafficking found more than a dozen files shared online, portraying what appears to be adults engaging in sexually explicit conduct with young children.

After being taken into custody, troopers said Daniel Lovejoy admitted to investigators that he had been downloading materials depicting minors engaged in sexually explicit conduct for years. They say he also admitted to sexually molesting a 7-year-old family member for years.

Inside the home, investigators said they found a memory card with images of Daniel and Nicole performing sexual acts with the 7-year-old.

The couple is being held on $1 million bond each.

They are set to go on trial in May.


UPDATE 1/22/16

HUNTINGTON, W.Va. (WSAZ) -- A couple from Milton has been indicted on child sexual abuse and sexual assault charges.

Daniel Lovejoy, 31, and Nicole Lovejoy, 29, were arrested in November. This week they were indicted by a Cabell County grand jury.

Each faces charges of Possession and Exhibiting of Material Depicting Minors Engaged in Sexual Explicit Conduct, Use of Minors in Filming Sexually Explicit Conduct, 1st Degree Sexual Assault and 1st Degree Sexual Abuse and Sexual Abuse by a Parent, Guardian, Custodian. Several of the charges involve multiple counts.

W.Va. State Police say they began investigating the couple began in August, when a trooper looking into child porn trafficking found more than a dozen files shared online, portraying what appears to be adults engaging in sexually explicit conduct with young children.

After being taken into custody, troopers said Daniel Lovejoy admitted to investigators that he had been downloading materials depicting minors engaged in sexually explicit conduct for years. They say he also admitted to sexually molesting a 7-year-old family member for years.

Inside the home, investigators said they found a memory card with images of Daniel and Nicole performing sexual acts with the 7-year-old.

The couple remains in the Western Regional Jail. Their bond is $1 million.

Keep clicking on WSAZ Mobile and WSAZ.com for more on this story.


ORIGINAL STORY 11/4/15

CABELL COUNTY, W.Va. (WSAZ) -- A couple is behind bars, accused of making an explicit video of a child.

Daniel Lovejoy, 31, and Nicole Lovejoy, 29, both of Milton, were arrested Tuesday by West Virginia State Police. They are both charged with possession of material depicting minors in sexually explicit conduct, sexual abuse, and use of minors in filming sexually explicit material.

According to the criminal complaint, the investigation into the couple began in August. That's when a trooper looking into child porn trafficking found more than a dozen files shared online, portraying what appears to be adults engaging in sexually explicit conduct with children.

The files showed explicit images of a 10-year-old child, as well as an infant.

After being taken into custody, according to the criminal complaint, Daniel Lovejoy admitted to investigators that he had been downloading materials depicting minors engaged in sexually explicit conduct for years.

They say he also admitted to sexually molesting a 7-year-old family member, and that he had been doing so for years.

In the home, investigators say they found a memory card with images of Daniel and Nicole performing sexual acts with the 7-year-old.

Neighbors say they're shocked by the charges.

They say the couple kept to themselves.

"They didn't talk to anybody, they didn't come out of the house that much, you never really saw them," said Renita Hysell.

They say they'll now be keeping a closer eye on their children, because you never know who you can trust.

"It's shocking, it really is, it's not something we really expected," Hysell said.

Both Lovejoys are being held in the Western Regional Jail. Their bond is $1 million.

Keep clicking on WSAZ Mobile and WSAZ.com for more on this story.