Superior Court upholds 2024 sentence in Fayette child rape conviction
The Superior Court of Pennsylvania upheld the prison sentence Tuesday for a South Connellsville man convicted of sexually assaulting a 12-year-old, and also reaffirmed his status as a violent sexual predator.
James Gibson, 62, was convicted in 2024 in Fayette County Court of Common Pleas for the assaults, which occurred over a five-year span beginning in 2018.
Judge Mark Mehalov imposed five consecutive 20- to 40-year sentences, as well as a 10- to 20-year sentence running concurrently in a second sexual abuse case.
Gibson, who had proclaimed his innocence before his sentencing, argued the evidence presented at trial was insufficient and weighed against a guilty verdict.
The Superior Court waived both claims, saying Gibson’s statement included “vague arguments” that failed to list any elements that went unproven in the 29 convictions, or which of the verdicts were against the weight of the evidence.
Gibson also challenged the sufficiency of the evidence behind the violent sexual predator label.
Evaluating that claim, the Superior Court found the state had “clearly and convincingly established” Gibson had a mental abnormality that made him likely to commit similar offenses.
A fourth issue raised by Gibson — that the sentence was unduly harsh and excessive — was waived after the court found Gibson had not filed the necessary statement challenging the sentence.
The Superior Court also found the trial court had acted appropriately in denying Gibson’s request to quash his criminal information, saying the Commonwealth had satisfied due process by setting the date ranges of the criminal acts based upon generalized testimony.