Kevin Joseph Warbington will spend the next 30 years of his life in prison, and when he is released, the rest of his days will be spent on a rigid probation program that includes general and special probation conditions in addition to sex offender conditions.
Superior Court Judge John Worcester handed down Warbington’s sentence Wednesday, June 9, at the Fannin County Courthouse.
Warbington, 34, was convicted on eight counts of a 23-count indictment by a Fannin County jury April 23, 2021. Those charges included two counts of aggravated child molestation, two counts of child molestation, aggravated sexual battery, sexual battery against a child under 16, cruelty to children in the first degree, and aggravated battery-family violence.
Appalachian Judicial Circuit District Attorney B. Alison Sosebee said at the time that each aggravated child molestation charge carried a minimum sentence of 25 years to life.
Frank Wood, Appalachian Judicial Circuit assistant district attorney, explained Warbington’s sentence after it was handed down by the judge.
On the first count of aggravated child molestation, Warbington was sentenced to life in prison with 25 years to be served. Georgia law classifies aggravated child molestation as a “serious violent felony,” which means there is no parole or early release during those first 25 years.
One conviction for child molestation was merged into the aggravated child molestation conviction because the facts used for the
charges were similar, Wood explained. A conviction for a second count of aggravated child molestation also earned Warbington a life serve 25 years prison sentence, and was ordered to run concurrently with the first aggravated child molestation sentence by Judge Worcester.
A second sentence for a child molestation conviction was merged with the second aggravated child molestation conviction.
Additional convictions for aggravated sexual battery and sexual battery on a child under 16 were merged with other convictions.
For his conviction on the cruelty to children indictment, Warbington was sentenced to six years with five to serve. Wood explained this was also classified a serious violent felony, and Worcester ordered the sentence to be served concurrently with the initial aggravated child molestation sentence. This resulted in the minimum time of 30 years in prison.
The McCaysville Police Department asked the Georgia Bureau of Investigation to assist in a child molestation investigation July 31, 2019. That investigation led to the initial charges against Warbington and he was arrested August 21, 2019, by the Spartanburg County, South Carolina, Sheriff’s Office. He was then returned to Georgia and booked into the Fannin County Detention Center where he has remained.