Sexual battery case bound to Grand Jury
Jan. 16—Only one witness testified during a preliminary hearing last week in a sexual battery case, but it was enough to have the case bound over to action of the Cumberland County Grand Jury.
James Lee Quarry, 50, Old Hwy. 70 in the Pomona area, is charged with the single count that is alleged to have occurred on Dec. 6 at the home shared by Quarry and others.
The incident was investigated by Cumberland County Sheriff's Investigator Anthony Loshbough.
Assistant District Attorney Allison Null called one witness — the woman identified as Jane Doe in compliance with Chronicle policy of not identifying victims in sex cases.
Jane Doe testified she accepted the loan of a vehicle from Quarry and that the two shared use of the transportation for work.
On Dec. 6, Doe said she went to Quarry's home at which time she met his mother. Jane Doe then walked to the bedroom, at Quarry's request, because he "wanted to show me something."
Doe testified that Quarry then closed the door, got close to her from behind and started pulling her pants down.
Doe testified she told him to stop and that he did.
She then informed him she had to meet her children arriving home from school, to which she quoted Quarry as stating, "Wish I had more time to have fun."
Under cross examination from Assistant Public Defender Janis Mize, Jane Doe could not explain discrepancies between the warrant that was filed and information found in an order of protection she obtained in General Sessions Court three days later.
Doe also denied "fabricating" the account of events.
She admitted she did not call out to Quarry's mother and two others present in the house when the incident took place and, instead, told Quarry to "behave himself."
She added that after the incident she accepted a ride from Quarry.
Mize argued the case should be dismissed because of the differences in facts outlined in the warrant and the order of protection, and because "when she said stop, he stopped."
Null countered that Quarry had to be told "multiple times to stop."
Because the threshold of proof is, under law, lower than required at trial and is to be viewed in a most favorable light to prosecutors, General Sessions Court Judge Amanda Worley bound the case over to action of the grand jury.
In a Dec. 29 appearance in General Sessions Court, the Public Defender's Office was appointed to represent Quarry and his bond was set at $40,000. Records show Quarry, who is a registered sex offender, pleaded guilty to violation of the sex offender registry rules on Oct. 7, 2019, and on July 16, 2021.
Quarry is to appear in Criminal Court on March 20 to find out what action the grand jury takes. He remains in jail in lieu of bond.
