**Augusta Woman Urges Tough Sentence for James W. Oliver Following Assault**
AUGUSTA — An 80-year-old woman stood trembling in a courtroom at the Capital Judicial Center on Thursday, gripping the podium tightly as she spoke out about the prison sentence she believed James W. Oliver should receive.
Oliver, 58, of Augusta, pleaded guilty earlier this month to sexual assault and other related charges stemming from a terrifying incident on July 1, 2024. He pushed the woman off the Kennebec River Rail Trail and assaulted her, threatening to rape her before throwing her body into the Kennebec River where she would never be found.
“Don’t ever, ever let him out of that prison unless it’s in a body bag,” the white-haired woman said firmly, as Oliver stared straight ahead in Superior Court Justice Daniel Mitchell’s courtroom.
Justice Mitchell sentenced Oliver to 28 years in prison — two years less than the 30 years sought by prosecutors, but 22 years more than the 6 years requested by his defense attorney.
Oliver, who has an extensive criminal record including multiple prior sexual assault convictions, apologized to the victim during the hearing. The Kennebec Journal is withholding her name in accordance with its policy not to identify victims of sexual abuse without consent.
“I’m very sorry for causing you pain and injuries, and for the things I said to you that day,” Oliver said. “I think I blacked out from the drugs and alcohol I was doing the day before. I wish I could take it back, the stuff I did and said to you that day.”
According to Augusta police and court documents, Oliver — described as a transient — pushed the woman off the Rail Trail into the brush and tried to pull down her shorts. She fought him off, but he still sexually assaulted her while perched on a steep embankment overlooking the river. During the attack, he threatened to rape her and dispose of her body in the river.
The diminutive victim, who entered the courtroom slowly and with assistance, repeatedly screamed for Oliver to stop, shouting that he was not going to rape her and yelling for help.
Two Good Samaritans came to her aid that day on the Kennebec River Rail Trail, which runs along the western bank of the Kennebec River, connecting Augusta and Gardiner.
Gerry Quintal was out enjoying a peaceful walk when he heard faint cries for help. At first, he thought the noise might have been a crow or something else, but as he got closer, the calls became louder and more urgent: “Help, help!”
He came upon the attack and saw Oliver on top of the woman, cigarette in mouth. Quintal told the court, “She contributed to saving herself, because I heard her calls for help.”
Quintal confronted Oliver and yelled for him to stop, but Oliver ignored him. Another passerby, Adam Hayes, also intervened. With both men confronting him, Oliver ceased the attack and walked away.
Hayes videotaped Oliver leaving the scene near a small utility substation at the Augusta end of the trail. In the video, Oliver can be heard claiming the woman wanted to have sex with him, District Attorney Maeghan Maloney told the court.
Justice Mitchell called the attack senseless and unprovoked, noting that it occurred in public and broad daylight — an aggravating factor in sentencing. He also cited Oliver’s prior criminal record and the impact on the victim as major factors in the length of the sentence. The only mitigating factor, Mitchell said, was Oliver’s acceptance of responsibility by pleading guilty to charges of attempted gross sexual assault, unlawful sexual contact, criminal threatening, and assault.
Oliver’s attorney, Frayla Tarpinian, argued for an 18-year sentence with all but six years suspended, plus four years probation. This would mean Oliver would serve six years if he complied with probation terms but could face up to 18 if he violated them.
Tarpinian acknowledged the severity of the crime and trauma to the victim but noted the attack was brief, involved no weapon, and did not cause serious lasting physical injuries. She advocated for sentencing consistent with other similar cases, stating that even completed gross sexual assaults typically result in around 10 years of prison time. She highlighted that the average manslaughter sentence, where a victim dies, is only five years.
Calling the state’s 30-year recommendation “outrageously excessive,” Tarpinian emphasized proportionality in sentencing. She was recently named executive director of the Maine Commission on Public Defense Services, the state agency responsible for representing criminal defendants.
Oliver’s criminal history is extensive. He is on the state’s sex offender registry with at least three prior sexual assault-related convictions:
– In 2015, sentenced to 3 years for attempted gross sexual assault.
– In 2011, sentenced to 6 months for unlawful sexual conduct in Rockland Superior Court.
– In 1990, sentenced to 16 years for rape in Wiscasset Superior Court.
DA Maloney remarked on the difficulty of finding comparable cases due to the rarity of such conduct in Maine. “I’m glad to say we don’t have exactly comparable cases, because this is particularly heinous conduct,” she said.
In addition to the sexual assault charges, Oliver was sentenced for burglary and criminal mischief, having earlier that day broken into MD’s Market in Augusta. He caused thousands of dollars in damage and stole approximately $4,000 worth of condoms, alcohol, and cigarettes.
Oliver received a five-year sentence on the burglary and criminal mischief charges, to be served concurrently with his 28-year sentence for the sexual assault case.
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*This article is part of an ongoing coverage of criminal justice proceedings in Augusta and highlights the community’s response to violent crime.*
https://www.centralmaine.com/2025/10/31/man-sentenced-to-28-years-in-prison-for-sexually-assaulting-woman-on-kennebec-river-rail-trail/
