Why Former Sheriff Won't Be Added To Sex Offender List

People all over Western North Carolina and the Upstate have been buzzing about former Polk County Sheriff Chris Abril's sentencing.

NewsChannel 7 spent the night in downtown Columbus, NC talking to residents, who were split on the guilty plea.

Monday afternoon, Abril pleaded guilty to two counts of solicitation to take incident liberties toward children, a felony offense. That means he’s guilty of soliciting sex with minors, but not actually committing the sex act. Before a plea agreement, the state's attorney general's office had planned to pursue charges of criminal sexual conduct with minor.

North Carolina defense attorney Gregory Newman says state law does not require criminals of this felony to register as a sex offender, "Typically, there is a fixed list of criminal offenses, of felonies that require a person to register on the sex offense list--those tend to be sex offense, where the offense actually takes place, in other words, a touching, a sexual conduct, something that something has actually taken place."

Some told us a guilty plea meant guilt. Others, thought the former Sheriff was innocent and unfairly targeted. Some though, weren't sure about his guilt or not, but were sad to see him go as Sheriff.

Chris Abril was sentenced to 5 years probation, 3 years supervised probation and 120 days house arrest after pleading guilty to solicitation to take indecent liberties with a minor. The felony charges stemmed from accusations of statutory rape of two girls, ages 10 and 12 at the time, investigators said occurred 20 years ago.

Abril pleaded guilty of two counts of solicitation to take indecent liberties toward children Monday.

That means he's not admitting he raped the girls, only that he talked about doing it.

A North Carolina Bureau state agent provided details into how the victims say they were raped.

He described how one girl thought Abril was picking her up for a soccer event, but instead took her to his home where they had sex in the woods.

House arrest starts on Dec. 1 with regular supervised probation. Abril will pay the cost of supervision and a fine of $500.

He is not to have contact with either victims or their families. Abril also must submit himself into a local mental health facility to determine if there is a need for counseling or treatment, alcohol/drug testing, and submit himself to search and seizure by a probation officer.

The sentence will also mean Abril has to give up his law enforcement certification.

In court testimony Monday it was revealed that the two girls are cousins, according to our coverage partners at the Hendersonville Times-News.

Abril announced his resignation on Thursday as sheriff of Polk County due to the stress of the upcoming trial.

He was charged with five counts of statutory rape and one count of sexual offense stemming from what investigators said happened in 1988 and 1989.

The case went to trial in August in Polk County but the case was put on hold while two different venues were selected until eventually the case wound up in Haywood County.

Abril's attorney says the plea deal is not an admission of guilt or a light sentence.

Abril, who was arrested in Aug. 2006, won the election for sheriff in Polk County despite the charges several weeks later.

Abril was also the police chief for Columbus until 2002.

As required by law, the Executive Committee of the Polk County Democratic Party will hold a special meeting Thursday, November 20, at 7pm to select a new Sheriff. Any registered Democrat may attend the meeting, but only Executive Committee members may participate.

Read all of wspa.com's stories about Abril:
Rape Trial For Former Sheriff Begins Today

Resigned Sheriff Abril Thanks Supporters; Trial on for Monday

Sheriff Abril to resign

Polk County Sheriff Defends His County Credit Card Use

Polk County Sheriff's Use of County Credit Card Questioned

Sheriff's Rape Trial Goes To Haywood County

4 Deputies Fired From Polk County Sheriff's Office

Change of Venue Delays Abril Rape Trial

Jury Selection Continues in Abril Trial

Jury Selection Continues Monday in Abril Trial

Jury Selection Begins in Polk County Sheriff's Trial

Polk County Sheriff And County Council Spar Over Patrol Cars

A Trial Date Has Been Set For Polk County Sheriff Chris Abril