OREGON – An Oregon man’s request for a lesser prison sentence for sexually assaulting a 13-year-old girl in 2021 was denied Thursday.
James S. Clevenger III, 61, through his attorney, Ogle County Assistant Public Defender Michael O’Brien, filed a motion last week asking that his sentence of 180 years in prison be reduced.
Judge John “Ben” Roe sentenced Clevenger to 30 years in state prison Sept. 12 on each of six counts of criminal sexual assault. Roe ordered that the sentences be served consecutively after finding him guilty Feb. 16 following a November 2023 bench trial.
The charges against Clevenger were filed in May 2022 after the Oregon Police Department investigated a sexual assault complaint made by a girl. Clevenger was accused of sexually assaulting the girl between March and June 2021.
According to court records, he was convicted of criminal sexual assault in 1995 in Stephenson County for sexually assaulting a 14-to-15-year-old girl.
Ogle County State’s Attorney Michael Rock said Clevenger’s criminal record qualified him for a special sentencing range of 30 to 60 years for each count in the Illinois Department of Corrections.
On Thursday, O’Brien asked Roe to reconsider the sentence. “We respectfully ask the court to reduce the sentence,” O’Brien said, arguing in his motion that the sentence was “excessive in light of the nature and circumstances of the offense” and history, character and age of the defendant.
O’Brien said the court erred in allowing the defendant’s “alleged prior conviction” when considering the sentence and did not place “appropriate weight” on other mitigating factors.
Assistant State’s Attorney Matthew Leisten disagreed. “We believe the sentence should remain because of the Stephenson County sexual assault,” he said.
Roe agreed with Leisten.
“I have reviewed the motion and at this point in time I am going to deny the defense’s motion in its entirety,” said Roe.
Clevenger has been held in the Ogle County Jail since Roe rendered the guilty verdict in February. On July 30, Roe denied Clevenger’s motion for a new trial and/or a reconsideration of the guilty verdicts.