Cody Wayne Proffitt

Cody Wayne Proffitt appears in court before Circuit Court Judge Derek Swope, Tuesday.

PRINCETON — A trial started Tuesday in circuit court for a Mercer County man facing charges including first-degree sexual assault and first-degree sexual abuse involving a female juvenile.

Cody Wayne Proffitt of Mercer County was indicted in October 2019 on two separate charges, first-degree sexual assault and first-degree sexual abuse, between Sept. 1, 2018 and Nov. 30, 2018, according to court documents. 

Witnesses testified Tuesday that Proffitt had moved into the home where the juvenile, who was less than 12 years old, was living. One woman who was living there at the time said she was the first person the juvenile told about Proffitt “touching her inappropriately.” She said that the juvenile’s bedroom and the room were Proffitt slept were on opposite ends of the house, but her bedroom door was usually shut at night with a television on. The juvenile usually slept in the top bunk, she said.

A second adult who lived in the home said that the juvenile had confided with him “that inappropriate things had happened.” When he heard the allegations, he called Trooper R.L. Jones with the West Virginia State Police Princeton detachment.

“When she spoke to me about it, we filled my mom in and I immediately got on the phone with Trooper Jones,” he testified. 

Assistant Prosecuting Attorney John McGinnis, who represented the state with Prosecuting Attorney Brian Cochran, asked this second witness about the home’s layout. The witness estimated that the bedrooms were about 15 feet apart at opposite ends of the house, and that bedroom doors usually stayed closed at night. The floors are carpeted, and there are “one or two” spots that creak.

The juvenile was “very bubbly, always dancing around with a song, loved to color and loved to create,” he testified. Her mood changed to “withdrawn” and “moody” after Proffitt moved into the home.

The juvenile testified that she visited Proffitt’s former home where he and another man gave her and her brother Pepsi “that had vodka or some kind of alcohol” in it. She said that she did not know that the drink had alcohol.

After moving in, Proffitt started making comments that she was “cute,” and later wrote sexual fantasies on his cellphone and sent them, she testified. 

Later in her testimony, the juvenile said Proffitt came to her bedroom and got her, threatened her, took her to where he was sleeping and made her consume a pill and alcohol. In another instance, her clothes were removed and private areas were touched, she said.

The trial continues today before Circuit Court Judge Derek Swope.

— Contact Greg Jordan at gjordan@bdtonline.com

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