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September 03, 2010

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Dayton man charged with raping 15-year-old friend of his daughter's

Last updated: 9:58 AM, 07/08/2010
 



A Dayton man is charged with raping a 15-year-old friend of his daughter's during a sleepover in April.

James Upchurch, 35, who lived just off of Dayco Drive in Dayton, was indicted by the Rhea County Grand Jury last week on charges of rape, contributing to the delinquency of a minor and four counts of especially aggravated sexual exploitation of a minor.

He is currently being held in the Rhea County Jail pending payment of a $50,000 bond.

Investigator Rocky Potter with the Rhea County Sheriff's Department said he first began receiving information about Upchurch early this year.

"I had received some information that he would have lots of kids over to his trailer and he would let them play with marital devices," Potter said Friday.

The investigator said he also discovered photographs taken by Upchurch of teenaged girls and boys in various stages of undress.

As Potter was building a case against Upchurch, the 15-year-old girl and her parents contacted him with a more serious complaint.

On July 1 the girl told Potter that she went to Upchurch's home for a sleepover with his daughter back in mid April. She said Upchurch gave her several pills, which made her very groggy, and she passed out. She said she woke up in the middle of the night to find Upchurch sexually assaulting her and repeatedly asked him to stop as she faded in and out of consciousness, according to Potter.

Upchurch allegedly told the girl he would kill her parents if she told them about what he had done. She even was forced to load a high-powered rifle for Upchurch who then pointed the rifle at her parents through the window without their knowledge as they arrived to pick her up, Potter said.

"She was scared he would kill her parents, so she didn't say anything," Potter said. "But when it was obvious she was pregnant, she finally had to tell her parents, and they came directly to me."

When Potter went to Upchurch's home, he found him packing to leave for Florida.

After several hours of questioning, Upchurch confessed, according to Potter.

"He said he loves her and he wants her to have their child," Potter said.

Upchurch's three children are now in the custody of their mother, who is divorced from Upchurch.

John Carpenter can be reached at jcarpenter@xtn.net.

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