An accused child molester got a get out of jail free card when he should have had his bond set by a circuit court judge in the rape of a child this week.

John Thurston Ussery Jr., 25, of 331 Parlock Circle, Irmo, was arrested Saturday and charged with first degree criminal sexual conduct with a minor.

Ussery is accused of sexually assaulting an 8-year-old while babysitting in Newberry County.

Sunday, Ussery was released by Magistrate Judge Tom Abraham on a personal appearance bond.

However, according to state laws when a person is charged with first degree criminal sexual conduct with a person under the age of 11, they can receive up to life in prison and the bond must be set by a circuit court judge. After a rash of notable child molestation cases, the state legislature ruled that anyone proved to have raped a child under the age of 11 is eligible for the death penalty. But the U.S. Supreme Court has overturned the use of the death penalty in cases where no one is killed.

After realizing the mistake this week, the Sheriff’s Office has discussed the case with the Solicitor’s Office.

This morning, the Solicitor’s Office instructed the Sheriff’s Office to serve Ussery with a summons to appear in general sessions court on Nov. 30. At that time, the Solicitor’s Office will ask the Circuit Court Judge to overrule the improper bond and set a new bond for Ussery.

Sheriff Lee Foster said he hopes the new bond will place Ussery in jail.

Abraham was out of the office this morning and could not be reached for comment.