A man accused of sexually assaulting his then-girlfriend’s daughter for years was freed after pleading guilty to endangering, BreakingAC has learned.
James Callaway, 45, was arrested in July 2020, nearly two years after his former girlfriend came to Atlantic City police with the allegations. She told them her daughter had just revealed the abuse to her, according to the affidavits of probable cause.
The girl told police that the abuse began when she was about 10 or 11, and continued for about three years.
She detailed brutal attacks that included rape, choking and threats to kill her if she told her mother, according to the affidavits
The girl and Callaway also both tested positive for the same types of herpes.
Callaway had been in the Atlantic County Justice Facility since his arrest in July 2020, after he was ordered held during a detention hearing at the time.
“The defendant is a clear danger to the victim and her family,” Superior Court Judge Bernard DeLury said at the time. “Threatening the child and family shows not only his dangerousness but that he is likely to intimidate these witnesses going forward.”
DeLury also noted that Callaway had previous charges of hindering and tampering with evidence.
Callaway was set to go to trial Aug. 8, the victim’s mother told BreakingAC. They came to court Aug. 3 for trial preparation. The next day, she learned he pleaded guilty.
The Atlantic County Prosecutor’s Office did not respond to requests for comment on the plea agreement.
Callaway previously served 20 years for aggravated manslaughter related to a 1992 homicide when he was 18, records show.
He was given a 30-year sentence with 15 years minimum under the plea agreement. He was released Aug. 10, 2013.
It was not clear where he is now living. The affidavits give an Egg Harbor Township address. But he also has had address in Atlantic City and Pleasantville.
Callaway is scheduled to be sentenced on the endangering charge Oct. 25, but that is often just a hold date in such cases. He still must undergo an evaluation at the Avenel Adult Diagnostic and Treatment Center.
Under the plea agreement obtained by BreakingAC, Callaway pleaded guilty to one count of third degree endangering before Superior Court Judge Donna Taylor. The other 10 counts, including several charges of first-degree aggravated sexual assault.
Callaway was released pending sentencing as part of the deal, which includes a five-year suspended sentence.
Callaway also must register as a Megan’s Law offender, with parole supervision for life.
