BRENTWOOD — A Chester man has been indicted on charges that he sexually assaulted a young girl between 1991 and 1995, according to prosecutors.

Gary Britton, 59, is facing two counts of aggravated felonious sexual assault and two counts of felonious sexual assault for allegedly abusing the girl when she was between the ages of 9 and 13 years old, prosecutors say.

The charges against Britton mark the third case brought against him in Rockingham County Superior Court that stem from his arrest by Chester police on Sept. 21.

Police initially charged Britton with failing to register as a sex offender, but it set off a wider investigation over the last several months.

Britton withdrew from a plea agreement last month on the failure-to-register charge, which would have possibly given him a 12-month jail sentence in exchange for pleading guilty.

A grand jury also indicted Britton for being a felon in possession of a weapon.

Chester Police Chief William Burke found a handgun concealed in a plastic bag on top of a dresser mirror, according to a sworn affidavit.

Judge N. William Delker recently decided that police were within their rights to open the bag after obtaining a search warrant for Britton's apartment.

Defense lawyers contended that police only had permission to search for child pornography on Britton's computer and not any weapons. Britton was evicted just before he was arrested, according to police. His landlords reported to police they found child pornography on Britton's computer, which prompted police to obtain a search warrant for the apartment. Britton has not been charged with possession of child pornography, but court documents say his computer is being analyzed.

Weapons charges and failing to register as a sex offender carry a potential prison term of up to 3½ to 7 years in state prison.

But two of the sexual assault charges Britton is now facing could bring a potential 20 to 40 year state prison term if he is convicted by a jury.

The girl was abused by Britton between January 1991 and March 1995 in Chester, according to the indictments. Britton was convicted in 1983 of aggravated felonious sexual assault involving a victim under 13 years old. He also has a history of failing to register with the state, court records say. Britton is being held at the Rockingham County jail.

Britton will be arraigned on the latest set of charges later this month in Rockingham County Superior Court.
jkimble@newstote.com