GLOUCESTER COUNTY, Va. (WVEC) — A Mathews County man said he's worried Leroy Dutton McKenney will never stand trial after allegedly kidnapping and molesting the man's 8-year-old son.

"This happened to my son, and this is the only way I feel I can get some type of justice," he said.

The father, who asked to be identified only as Kemp to avoid exposing the identity of his son, said McKenney is 'playing the system' to avoid trial and stay in a mental hospital.

"I don't want him to have the luxuries of an institution, I want him to do hard time in prison," Kemp said.

Leroy McKenney, 75, was charged with abduction of force, sexual battery and related child pornography charges in March. He is a registered sex offender who was convicted of charges related to forcible sodomy and child pornography in 1996.

Tom Bowen, the Commonwealth's Attorney for Mathews County, said it is unlikely McKenney will ever be released unless he is on his deathbed and incapable of harming anyone else. Currently, McKenney has been deemed incapable to stand trial for the 'foreseeable future.'

Mathews County Court Order_1545175970413.jpg.jpg

Kemp said the day his son told him that he had been molested, he was so angry he though about violent retaliation. However, he said he made a split-second decision to let the justice system handle the case.

Now, he's frustrated it's taking so long, and he feels like his son is not receiving justice.

"I'm trying to do it the right way, but I just feel like nine months is too long," he said.

He said he's seeking a trial for closure, but also wants to warn parents to stay vigilant and aware of threats around their children.

"Talk to your children and let them know there are predators," he said. "It could be a friend or a neighbor. It's a hard lesson for me to learn because it happened on my watch, and I have a hard time coping with this because I am a very protective dad for all of my children."

Bowen said McKenney will continue to be evaluated for competency. Bowen stressed that the charges have not been dropped while McKenney has spent time at Eastern State Hospital and the Middle Peninsula Regional Security Center.

Bowen said if McKenney is determined to be fit to stand trial, a hearing will be called. However, he admitted it's possible McKenney could stay in civil commitment for the rest of his life.

Follow 13News Now on Facebook and Twitter

► Make it easy to keep up to date with more stories like this. Download the 13News Now App.