Judge: Crimes of convicted child rapist “could be worse than murder”

May 23 – Just before sentencing 62-year-old Jimmy Harold Clark to a maximum sentence of 40 years in prison for Clark’s child rape conviction in December, Judge Wesley Bray had some words for the defendant.

“This is a very sad situation that we have to deal with because of very selfish sexual desires… it is reprehensible, could be worse than murder… I don’t know what worse harm could have been done than killing her,” Bray lamented before announcing his decision.

Years of pent-up psychological stress rose deep within her and spilled over into the courtroom as the young victim was allowed to freely express her feelings in the silent courtroom.

In her victim impact statement, the victim told Clark, “You make me feel scared all the time and always feel like I’m in trouble. Remember when I told you off for touching me and got in trouble for it?”

“I tried to tell you twice. They made me apologize to you and hug you because they didn’t believe me. You let me apologize to you for your perverted actions. I was just a child. You got away with it then and did bigger things with me.”

Assistant District Attorney Philip Hatch cited aggravating circumstances that the state believed justified a maximum sentence, including the age of the victim, the psychological and physical injuries inflicted on the victim, the fact that the crime was committed to satisfy the defendant’s desire for pleasure or excitement, and that the defendant was an authority figure.

Hatch and Assistant District Attorney Allison Null prosecuted the case.

Defense attorney Michael Giaimo of Cookeville argued that the court should consider the defendant’s age, family and work history, and lack of a criminal past when determining sentencing.

Courtney Gelinas, an officer with the Tennessee Department of Corrections, prepared the pre-sentence and Strong-R report to be used in sentencing. Gelinas and former sheriff’s investigator David Bowman were the only witnesses called to testify.

The report summarized the state’s case and the testimony given during the trial. Gelinas’ report did not include Clark’s version of events leading to his conviction. It states that Clark is a high school graduate who retired from Flower’s Bakery in 2018 after working there for 32 years.

Bowman’s testimony summarized the evidence and testimony given during the trial, and he noted that the sexual abuse of the victim occurred years before the date of the child rape for which Clark was convicted.

This set the stage for the victim to provide a statement for the court to consider. Parts of her statement will not be released publicly to protect her identity.

“Most young people enjoy going out with friends and dreaming about the person they will marry one day. Some people dream about what their first time will be like… You stole my dreams and replaced them with nightmares.”

“Because of you, I question whether I deserve to be loved by anyone. I have very low self-esteem and question everyone’s intentions towards me, which makes it very difficult to build trust with anyone. I have a very hard time expressing my feelings because I question my feelings about everyone and everything. If I can’t trust my feelings, how can I truly be intimate with anyone? I can’t. Because of you.

“Since the verdict, some well-meaning people have told me that I should be happy that the trial is over and that I can move on. I wish people could understand how I feel. It’s a rollercoaster of emotions. If I had to name a few feelings, I would say: angry, scared, relieved, sad, sick, shocked, dazed… But happy? What is that anyway?

“What I really feel is fatigue. You stole 15 years of my life; 10-11 years of abuse and another three years of fighting for justice. I spent my 20s in the courtroom waiting for justice, testifying and waiting some more. I’m tired of taking time off work to do depositions and trial prep. I’m tired of carrying the guilt and shame around with me, wondering if this was somehow my fault and if I deserved it for allowing myself to trust you as a child. I’m so tired of feeling the pain that comes with the memories of what you did to me, over and over again.

“I struggled with my faith in Christ because you knew Christ was important to me as a child and you told me that’s what He wanted for us. I was 5, 6, 7 – too young to understand that He didn’t want that. When I was old enough to understand what was happening, I was so ashamed. You made me question Christ and then myself. Why me? Is that me? Does that define who I’m going to be?

“They have changed my mental state forever. I have mood swings triggered by things I sometimes can’t explain or understand. Things are going well and then I panic seemingly out of nowhere.

“Sometimes I wonder who I would be if this hadn’t happened to me. What could I have become if you hadn’t suppressed my potential and replaced it with fear and pain? I mourn the loss of the version of me I will never know. I will never know her because of how you manipulated and raped me over the years. You changed me forever, and not in a good way.”

Clark was found guilty on one count, the only incident that could be proven by date and time. This count was based on the victim’s memory of receiving a special Easter dress and a photo timestamp showing the first time she wore the dress.

Clark then rose to deliver his speech to the court. He addressed the family from the podium and said, “I’m sorry. Forgive me for what I did to you and forgive me for what I did to my family.”

Bray then announced the sentence; the lowest possible sentence (25 years) would likely be life imprisonment given Clark’s age.

“There is never a solution… it’s a terrible situation.”

Clark has been in custody of the Tennessee Department of Correction since his conviction and will be transferred to state custody.

Bray set July 9 as the date for a hearing on the motions for rehearing, after which a motion for rehearing could be filed.

You can reach Michael Moser at [email protected]