James Edwin Harris, the 61-year-old owner of Jimmy’s Hang Ten restaurant arrested a week ago on charges that he’d been molesting his step-daughter, has filed for a motion to be released from jail on his own recognizance.
He’s been held at the Flagler County Jail on $50,000 bond on the second-degree felony charge of promoting the sexual activity of a victim younger than 16, and on no bond on the first-degree felony charge of lewd and lascivious molestation of a victim younger than 12.
The charges appear to involve two different victims. They do not. One particular offense relates to an act Harris allegedly performed earlier this month, when the victim, now 14, was able secretly to capture him on video masturbating over her as she pretended to sleep. She had positioned her phone on her bedside, aware of what he was likely to do, as he had apparently done so many times before. The first-degree felony charge relates to acts he has allegedly performed on the girl since she was 10.
The motion for bond argues that he’s indigent and unable to post bond, and requests the court to release him “subject to the conditions that may be deemed proper.” In other words, the motion requests that he be released on his own recognizance. But he and his attorney–he is represented by Assistant Public Defender Regina Nunnally–will have to convince Circuit Judge Terence Perkins that there are grounds to release him despite the no-bond charge. Given the gravity of the charges, the judge is almost certain not to release Harris on his own recognizance, though he may set a bond–what’s more likely to be a high bond–for the first-degree felony charge. Each bond amount is cumulative.
Pre-trial proceedings can stretch over a year or two, depending on the path the case takes and the defendant’s decision to contest the charges or not.
The bond hearing is scheduled for August 2 at 1:30 p.m. before Perkins.
A friend had encouraged the alleged victim to document the incidents, leading to Harris’s arrest. Further details have emerged of his alleged behavior since his arrest was originally reported. The alleged victim revealed in an interview with the Child Protection Team on July 1 that, dividing her time between her mother’s house and her biological father’s house, Harris–when she stayed at her mother’s house–would go into her room frequently, naked, while she slept (or feigned sleep).
Incidents began when she was 10–she recalled an incident when he used her hand to gratify himself–and continued over the next five years, starting with Harris allegedly removing the blankets from her when she slept and fondling her under her clothing. ‘The molestation occurred so frequently” that the victim “began wearing a bra to bed every night,” an account of the investigation in Harris’s arrest report states. As recently as June 10, the girl reported, she had walked into the common area of the house only to find Harris walking around naked and accosting her, grabbing her and trying to kiss her when she attempted to walk away. She told investigators that the incident she had captured on video was actually a near-daily routine when Harris would walk into her room between 8 and 9.
Harris kept clothes in the girl’s bedroom, apparently as a tactical decoy: if the girl woke up, he would rush to the closet and pretend to be gathering clothes, she told authorities, though usually she pretended to be asleep out of fear of the consequences if he knew she were awake. She told authorities she’d not told her mother out of fear that she’d side with Harris.
It isn’t uncommon for children who are sexually abused to have such fears, or to be disbelieved by a parent or guardian.
Sheriff’s detectives acquired the video the girl had made secretly the morning of July 1, and could see distinct tattoos on the arms of the man in the video, along with a gold-chain necklace pendant, that were traced to Harris. The scene depicted in the video was identical to the one the girl described during her forensic interview.
The first-degree felony Harris faces is punishable by life in prison, if he is convicted. The second-degree felony is punishable by a maximum of 15 years in prison. When faced with incontrovertible evidence, individuals in such situations tend to reach a plea deal and hope to lessen the sentence.
Harris as part of his arrest was ordered to surrender all firearms to the sheriff and to have no contact with the victim, whether direct or indirect, such as by speaking to her mother and conveying messages to her that way. The no-contact order does not apply to the child’s mother.
Grandma says
He should never get out of jail.
Gina says
Boy, he started molesting this child at a young age when he thought she was sleeping why? so he can say just in case she went to tell someone that she was making this up or that she was dreaming. He certainly sounds like a predator to me especially how he planned his sick escapades by keeping his clothing in this little girls room when she was there. Any decent man would have taken his clothing out of that room upon this childs visits not wanting to disturb her while she was sleeping. He had all his motives lined up. Many victims of sexual abuse dissociate from themselves because of the trauma as a short term coping mechanism but there are long term effects. It’s great to hear that this child now teen came forward and is getting the help she needs.
MeToo says
I was a victim in a very similar situation as this. He may have been doing this while she was asleep because maybe everyone else in the house was asleep. Who knows? They are sick people. He is obviously NOT a decent man. I pray for this young girl, that she can overcome this and know her self worth. This is very say.
Joe3 says
My previous comments are still valid ..
He has NO RESPECT for humans or humanity ..
I hope the girl involved is getting help ..
ASF says
If this man is released–even with a monitoring device–he should be barred from going anywhere near where his victim lives. And a “Safety Plan” should be drawn up IN WRITING by Child Protective Services that explicitly states this.
Nanci Whitley says
he should not be released at all.
ASF says
…But, sadly, he probably will be–and the mother might be the one bailing him out…which is why Protective Services needs to bond everybody–including the mother–to a WRITTEN “Safety Plan.”
Steve says
Not going to happen.Would not be surprised if other victims come forward especially some that may have worked at his restaurant. Mr trying to be Hip
Hope the Teen gets some Help
Marw says
Seriously you are going to bring the restaurant into this?
MeToo says
I agree. Wait and see who comes forward. If he abused workers in the restaurant than, HELL YESS! bring the restaurant into this.
I hope if there are more victims, which most likely there are…..there were in my case, that they come forward NOW!
MeToo says
He should never get out of jail. It won’t stop here. He has a problem….and it’s his problem to get help for.
P diddy says
And if he gets help?? Then what? Are you ok with letting him out?
Ryan says
Is he out because a friend is missing and the last person contacted us was through text a man named James Harris from Tampa .. please reply to me asap