A Custar man is going to prison after he inappropriately touched a family member.

James Phillips, 62, appeared Tuesday in the courtroom of Wood County Common Pleas Judge Matt Reger.

Phillips was indicted in December for two counts gross sexual imposition, both third-degree felonies.

According to the indictment, between July 1-31, 2020, Phillips was accused of twice having sexual contact with a 12-year-old girl.

He pleaded guilty in April to one count, with the second charge was dismissed.

Abby Zernhel spoke Tuesday on behalf of the victim.

She said the teen has lost self confidence and Phillips should serve time in prison for what he has done.

“I am so sorry. This has all been my fault,” Phillips said.

He said he was so ashamed it was hard to function, and that the girl misunderstood that he wanted to have sex with her.

“I hope you get past this in the future. I won’t. I’ve destroyed my marriage and every facet of my life,” Phillips said.

He then apologized to his family and said this should never have happened and it won’t happen again.

The investigation showed that at his home in Custar, the girl sat on Phillips’ lap at which point he touched her under her clothing and forced her to touch him.

“We do not defend the crime, we defend the person,” said defense attorney Stevin Groth.

This crime is offensive and divisive in the family, but Phillips is a very good person, he said.

“These letters are some of the best of the best,” Groth said, referring to the letters received by the court in support of Phillips.

His client confessed and got counseling, he added.

“He is overwrought with guilt and shame, and is disappointed in himself,” Groth said.

He has been ostracized and will continue to suffer with the mandatory sex offender registration. And at the age of 62, recidivism is unlikely, and prison is inappropriate, he said.

Phillips will have to register as a Tier II sex offender, requiring him to register every 180 days for 25 years.

“This is an offense that is hard to fathom,” Reger said.

The court is not directed by emotional responses but must follow the statute using minimum sanctions to punish the offender, he said.

Very few offenses are as severe as gross sexual imposition, particularly on a family member, Reger said.

“This is just a question of how much prison time needs to be imposed, not if prison should be imposed,” Reger said.

He sentenced Phillips to 54 months in the Ohio Department of Rehabilitation and Correction followed by five years of post-release control.