Man indicted with exact same rape, sodomy charges twice - WSFA.com: News Weather and Sports for Montgomery, AL.

Man indicted with exact same rape, sodomy charges twice

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MILLBROOK, AL (WSFA) - In a strange case out of Elmore County, a Millbrook man is being tried a second time for a crime that allegedly happened more than 20 years ago.

Court documents show Gary H. Jones, now 40-years-old, pleaded guilty to seven counts of first-degree sodomy and three counts of first-degree rape  in November 2011 and was sentenced to spend 20 years in prison in December 2011.

However, authorities say Jones was a juvenile when the crimes were committed between 1987 and 1990 but in 2011 he was tried as an adult.

In January 2012, Jones' attorney filed a motion to withdraw his plea and subsequent sentence saying his client should have been prosecuted as a youthful offender.

Authorities then had to file a motion to have Jones certified as an adult, and start over again. As a result, Jones was just arrested and charged with the exact same charges for a second time after an Elmore County grand jury indicted him on all 10 counts.

Jones is now scheduled for arraignment on February 5.

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