Hambby's child rape conviction confirmed by court

A man from Westel, John Wayne Hamby, has lost his appeal to overturn his conviction for child rape. Hamby, 42, was convicted in May 2024 for the sexual assault of a 12-year-old girl in August 2020. He was sentenced to 40 years in prison without the possibility of parole. During the trial, it was revealed that Hamby picked the girl up from her home and took her to a secluded area in the woods. The victim testified that she was scared for her life during the assault and had not experienced any romantic interactions before. She described the incident as painful and traumatic, recalling Hamby’s threatening words. Hamby’s lawyer, Jeff Vires, argued that his client was a military veteran with a head injury and struggles with post-traumatic stress disorder (PTSD). Vires claimed this condition should have raised doubts about Hamby’s guilt. He also suggested that the assault was a one-time event and questioned the severity of the sentence. However, no PTSD experts testified at the trial. The prosecution, led by Assistant District Attorney Phillip Hatch, maintained that the evidence and the victim's testimony demonstrated a clear intent to commit the crime. Judge Gary McKenzie emphasized the victim's fear during the assault and the breakdown of trust as important factors in the case. The judge ultimately denied the motion for a new trial. It is still unclear whether Hamby will appeal the decision to a higher court.