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Summers gets a
year added to Mercer County’s 20
By Bob Robinson
GREENVILLE – In pronouncing sentence on a Felony 3 Sexual Battery
guilty plea, Darke County Common Pleas Judge Jon Hein told Fort
Recovery teacher and coach Christopher A. Summers and the other
individuals in the courtroom on Oct. 11 he wants Darke County to
understand the defendant’s behavior is not acceptable.
“I don’t believe a concurrent sentence gives that message,” he said.
Based upon the state guidelines that Summers would be at low risk for
reoffending, and this was his first offense, Hein added one year to the
20 years the defendant was given in a Mercer County courtroom on Oct.
10 following his guilty plea to four separate Felony 3 Sexual Battery
charges there.
There were more than a dozen observers in the courtroom, including the
victim and the victim’s mother and father.
Darke County Prosecutor R. Kelly Ormsby told the court the state was
asking for the maximum sentence of five years, to be served
concurrently with the Mercer County sentence. Summers’ defense lawyers,
Paul Howell and Matthew Lammers, asked the court to accept the
prosecution’s recommendation.
The victim’s mother disagreed.
“The past year has been hard for the entire family,” she said. “It has
been a nightmare for (victim). No young girl her age should ever be
subjected to what happened.
“There was no consent. Mr. Summers did not plead guilty in Mercer
County until he began to fear the way the trial was going. He pleaded
guilty here because he had no choice. She needs to heal. She can’t do
that unless she’s sure this will not happen again.
“I’m here because I want you to add five years to the Mercer County
sentence. Please give him the maximum. Please make it consecutive.”
The victim’s comments were more brief, noting Summers had received 20
years the day before, adding “I believe he is worse than that for all
the harm he has done to me physically and emotionally.”
Earlier Summers had apologized to the victim, noting the harm he had
caused.
“I want to say I’m sorry,” he said. Turning to the victim he said “I’m
sorry, (victim).”
He acknowledged the pain to his family… “My children will now be raised
by a single mother.”
Ormsby asked for the maximum penalty due to Summers having held a
position of trust as the student’s teacher and coach. “The victim
suffered under this reprehensible conduct for years and years. It was a
living nightmare.” He added the Mercer County prosecution was trying
him on eight sexual battery counts. He trusted they would do their job
when he agreed to the concurrent recommendation.
“We did not want to put the victim through another trail,” Ormsby said.
Howell told the court the defendant didn’t force the victim into
anything. It was a consensual relationship. There was never any harm or
threat of harm. He added his client acknowledges a teacher engaged in a
sexual relationship with a student is wrong. It is criminal.
“He doesn’t dispute that,” Howell said. “We believe there are no
grounds to impose a consecutive sentence; and the prosecution has
agreed to a concurrent one.”
Hein thanked the attorneys, acknowledging there was a lot of pressure
and stress; this was not easy for any of them.
In imposing the one-year consecutive sentence he told Summers the
consequences are not just his, they are his wife and family’s also.
To the victim Hein said he was pleased her comments included she wanted
to make a life for herself.
“To be a victim is what happened,” Hein said. “Keep getting the
counseling you need. I heard hope. There have been victims who have
never come back.”
Hein told her that her dad has his arm around her; she can hug her mom…
“See this for what it is. A good outcome to a horrible situation. Don’t
be a victim. You survived. Don’t be stuck in 2012 forever.”
As a Tier III Sex Offender Summers will have to register for the rest
of his life. There will also be five years mandatory post release
control.
Published courtesy of Blue Bag Media
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