Lear pleads guilty to Gross
Sexual
Imposition
By Bob Robinson
GREENVILLE
– On Aug. 12 Joseph Lear
pleaded guilty to Gross Sexual Imposition, a Felony 4 offense. This
will
automatically label him a Tier 1 sexual offender, required to register
with the
local sheriff for 15 years.
The
Felony 3 charge of Unlawful
Sexual Conduct with a Minor had been set for trial, but the victim
couldn’t be
found. According to Darke County Prosecutor R. Kelly Ormsby she had
moved out
of state with her family.
“We
didn’t find out they had moved
until the last minute. If it had been necessary, I believe they would
have come
back for the trial,” Ormsby said. “However, the family is comfortable
with the
plea, so a trial isn’t necessary.”
The
prosecution is asking for 90
days in jail, 15 years registration as a sexual offender, a $500 fine
and
community service hours.
Darke
County Judge Jon Hein advised
the defendant of the implications of his plea, noting the only right to
appeal
he will have is the sentencing. He is pleading guilty to the crime.
Maximum
sentence is 18 months in prison with a $5,000 fine.
Hein
questioned Lear about his
health, alcohol intake, drugs… “I had a couple beers on Saturday. Had a
little
weed about a month ago, but I want to get a job in Piqua instead of out
of
state,” Lear said. “I had to clean up for that.”
Lear
had said earlier he worked in
Kentucky, to which Hein responded “It’s always in the details.
Obviously you
can’t come back to jail each night on work release.”
Lear
appeared not to understand
some of Hein’s instructions and information, at which time he would
stop so
Lear’s attorney, David Rohrer of Greenville, could explain them.
Rohrer
told the Court his client
was nervous.
“I
know I’ve done bad,” Lear said.
“I want to fix that. I expect to pay a cost.”
Hein
asked Lear if he understood
everything that had been explained to him. “Yes.” Was he making his
plea of his
own accord? “Yes.” Are you happy with the work your attorney did for
you?
“Yes,”
Lear answered. “He worked
hard for me.”
Hein
then ordered a pre-sentence
investigation and probation department report, bond to be continued. He
will
pronounce sentence on Sept. 23 at 10 a.m.
Published
courtesy of Blue Bag Media
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