A Hays man was sentenced Monday to 24 months probation in a plea agreement on charges of aggravated battery and sexual battery in a March incident involving a 15-year-old.
Edward Layton McElhaney, 53, also is ordered to have no contact with the victim, register as a sex offender and undergo evaluation and recommended treatment for sex offenders during that time. He pleaded no contest to the charges in July.
McElhaney originally was charged with indecent liberties with a child, but the witness later diverged from his original preliminary hearing testimony.
McElhaney was sentenced to 24 months probation for the aggravated battery charge and 12 months probation to sexual battery, with the sentences to run concurrently. Each has an equal underlying prison term if he violates probation.
He will receive 94 days credit for time served in the Ellis County Jail and Judge Blake Bittel agreed to waive attorney fees. McElhaney’s lawyer, Cheryl Stewart, said he is on a limited income due to disability. He can work part-time, she said, and will seek employment to help pay for other court costs that are conditional to his probation.