Local Man Indicted for Continuous Lewd Abuse of a Child

SAN ANGELO— A San Angelo area man was indicted for continuous lewd abuse of a child after he allegedly abused a child for several years.

James Berry, 44, was indicted by a Tom Green County grand jury in March 2023 for continuous sexual abuse of a child and indecency with a child.

According to court documents, on January 8, 2023, at 10:20 a.m., a deputy and a corporal with the Tom Green County Sheriff’s Office were dispatched to an address in Tom Green County in reference to an indecency with a child complaint. A witness stated she observed Berry inside the victim’s bedroom moving his hand in a rubbing motion on the victim’s body.

The witness also stated that the victim was lying on the bed and Berry was sitting next to her and this witness could not see if the victim was face up or face down. Then, Berry allegedly quickly removed his hand from the victim. The witness believed Berry removed his hand from the victim when he noticed her enter the room. Berry then left the bedroom shortly after the witness did.

The witness went back into the room to ask the victim was part of her body that Berry was allegedly rubbing to which the victim stated her chest. The victim told the witness that she attempted to push Berry’s hand away, but he kept putting his hand on her chest and continued to rub his hand on her.

Investigators arrived on scene to interview Berry. He allegedly stated he was rubbing the victim’s back and denied toucher her breast or chest area. Investigators interviewed the witness who repeated her statement she gave to the deputies.

Then, the witness described another incident that occurred in November 2019, when she woke up to find Berry kneeling beside the victim’s bed in the middle of the night around 1:00 a.m. The witness stated it was dark in the room and she bumped Berry while he was kneeling next to the victim’s bed.

Berry allegedly denied anything occurring at the time but when the witness told her later the next morning, Berry was touching her private area. The witness stated she had multiple talks with the victim since and nothing else was ever reported.

A forensic interview was completed at the San Angelo Child Advocacy Center with the victim on January 10, 2023. Investigators witnessed the interview where the victim stated on Saturday, January 7, 2023, Berry was inside her bedroom telling her goodnight. The victim stated Berry was rubbing her chest under her shirt. She also said she pushed his hand away, but he kept moving it to her chest and the victim stated she was uncomfortable at the time.

Between October 2022 and November 25, 2022, the victim stated that Berry was sitting on the living room couch with her when he placed his hand inside her pants, touching her private area. She stated it stopped when Berry got up to go cook food or take a shower. The victim stated this took place in the morning and that she was uncomfortable and “weird” at the time of the assault.

Another incident allegedly occurred when the victim was between the ages of seven and eight. The victim was sitting on the couch between the months of April and May 2020 and was wearing shorts. Berry sat with her on the couch and rubbed her chest, legs, and private areas under the clothes.

Berry was arrested on January 17, 2023, for continuous sexual abuse of a child and was released on January 19, 2023, on $150,000 bond. Berry is due in court on May 2, 2023 for an initial pre-trial.