Judge accepts Amissville sex offender’s plea deal ‘with some reluctance’

• Resident’s sentence suspended

• Judge: ‘I think you pose a danger’

A Rappahannock County Circuit Court judge “with some reluctance” accepted a plea deal Friday between William McGinnis, a registered sex offender, and the Commonwealth’s Attorney’s office on a reduced charge of abuse of a child with disregard for life.

“I’ll accept the agreement with, actually, some reluctance…I think you pose a danger,” Judge Dennis L. Hupp said. “I would certainly hope that your probation officer keeps you under tight watch.”

The plea agreement suspends all of McGinnis’ nearly five-year jail sentence as long as he maintains good behavior, and requires two years each of supervised and unsupervised probation. It also bars him from having contact with any child under the age of 18, and requires him to divulge his electronic device passwords for random checks.

McGinnis, 41, of Amissville, was indicted by a grand jury in March on two counts of the same charge — sexual offense with a minor by computer — after explicit messages sent in October about his son, a minor, were discovered. The first charge was reduced to abuse of a child, disregard of life, and the second was nolle prossed, meaning the commonwealth’s attorney declined to further prosecute the charge.

McGinnis was already considered a sex offender, with charges of rape, simple assault and cruelty to children on his record spanning 20 years in Virginia and Georgia, according to court records.

Commonwealth’s Attorney Goff said in court that his decision to plea the case out came from concern over reasonable doubt swaying a jury away from a guilty verdict, and said these were “somewhat unusual” circumstances, where both the prosecution and defense would be heading into trial with “a full deck of cards.”

“[There is] nuance to statements made that quite frankly could go either way…with intent,” Goff said to the judge. “Some of it is just downright nasty…however, I could see how reasonable doubt could creep in.”

At a February bond hearing, explicit messages sent by McGinnis to a “stranger” in October were read in open court. In those messages, McGinnis made lewd sexual remarks regarding his son, seemingly discussing sexual acts between the stranger and the child and discussing the child’s anatomy. During that hearing, McGinnis’ attorney Anna Cox argued that one could interpret the statements as shock, and not a proposition. 

“I don’t think it’s fair to read that text as a proposition, there is no question mark. It could very easily be read as a skeptical response,” Cox said. 

McGinnis was denied bail.

McGinnis claims he was “extremely intoxicated” when the messages were sent, and that he has not seen the son in question for over 10 years. Cox said there is no proof that McGinnis had access to a child when the messages were sent. If the case had gone to trial, the prosecution said it had a landlord willing to testify to seeing a child on the property. 

Cox said no sexual acts happened, and intent would be a “serious point of contention between both parties at trial.”

Both his original charge and the amended are Class-6 felonies, but Hupp said the amended charge — which makes no mention of sexual misconduct — is “different” and “lesser.” 

Hupp seemed hesitant on the bench about how to rule, taking long pauses and lowering his head while thinking, but ultimately accepted the plea deal. 

McGinnis was scheduled to be released from the RSW Regional Jail Friday and ordered to report directly to the probation office. Hupp asked if he had a ride to Warrenton to do so, and Cox said his fiance, who was in the courtroom, would take him. 

McGinnis addressed the judge, apologizing for his actions, and stating that he had no relationship with his son. He said he is getting married in August, and was able to maintain his employment while being held without bail, so he will have a job once released.

“I apologize, your honor. My actions were not that of a man,” McGinnis said before leaving the courtroom, smiling.

Ireland Hayes is a reporter for Foothills Forum, a nonprofit organization that supports local news in Rappahannock County.

Sign up for Rapp News Daily, a free newsletter delivered to your email inbox every morning.