A man accused of attempting to have sex with a child under 15 years of age has been found guilty by a St. Francois County jury.
Kyle Herrington, 33, of Piedmont, appeared before Judge Wendy Wexler Horn on Tuesday and Wednesday for a jury trial on charges of felony enticement of a child. At the conclusion of trial, the jury found Herrington guilty as charged.
The case was argued by Assistant Prosecuting Attorney Courtney Goodwin and defense attorney for Herrington, Chad Oliver, who filed a motion on Wednesday for acquittal following the close of state’s evidence. The motion was denied by Judge Horn.
Herrington is scheduled for sentencing on Sept. 20. The charge carries a minimum of five years in the Missouri Department of Corrections and could be up as much as 30 years.
Herrington had initially been charged in 2016 with felony attempted statutory rape in the first degree, two felony counts of attempted statutory sodomy in the first degree, and a class C felony of endangering the welfare of a child in the first degree. Those charges were dismissed in 2016 and Herrington was indicted by a grand jury on felony enticement of a child.
According to a probable cause statement from 2016, Herrington attempted to have sex with a young girl less than 14 years old. The officer reported that on Aug. 23 he observed a Children’s Advocacy Center interview with the victim.
The girl said she and Herrington stayed up late one night in July playing video games. After they were done playing they went outside to sit on the front porch in the chairs and that was when Herrington started rubbing the girl inappropriately and trying to persuade her to do things.
The officer reported interviewing one of the girl’s relatives, who was the first person she told about the encounter with Herrington. The story was identical to the one the girl gave to the investigator at the CAC, with the exception of saying Herrington smoked marijuana with the girl prior to his advances.
The girl verified that same claim when she identified Herrington.