Fatcow Icon
Man charged with rape pleads guilty to lesser offense
by Amber Gillenwater
mdtnews@mydailytribune.com
Sep 05, 2012 | 2315 views | 1 1 comments | 3 3 recommendations | email to a friend | print

GALLIPOLIS — A guilty plea to a lesser offense has been entered in an rape case filed earlier this year with the Common Pleas Court of Gallia County.

Curtis A. Moore, Jr., 32, pleaded guilty to gross sexual imposition, a fourth degree felony, during a hearing on August 30 in the common pleas courtroom.

Moore was arrested on the evening of March 14 after deputies with the Gallia County Sheriff’s Office, working with officers with the Gallipolis Police Department, responded to a call of an alleged sexual assault that occurred at a residence located on Spruce Street Extension, just outside the Gallipolis City limits.

Moore had been at the home and had allegedly had sexual contact with a 27-year-old mentally handicapped female earlier that evening.

The original complaint filed with the Gallipolis Municipal Court and signed by Sgt. Chris Gill of the Gallia County Sheriff’s Office states that “the victim’s mother told Officer that [the victim] is MR/DD and that she can’t read or write and cannot speak other than a few words. Officer was also informed that the Defendant has been an acquaintance of the family for quite a while, and he was aware of the victim’s mental condition. Officer also observed the victim’s condition while investigating the incident.”

Moore, who was not present at the home at the time the report was taken, was located later that evening by a trooper with the Gallipolis Post of the Ohio State Highway Patrol near Speedway on Ohio 7 North in the Kanauga area.

Moore was arrested and subsequently charged in the municipal court, and, following a preliminary hearing, his case was bound over to the common pleas court.

The defendant was later indicted by a grand jury and charged with the first degree felony rape of an individual with a mental or physical condition that impairs the victim’s ability to resist or consent.

Moore later pleaded not guilty to the charge on April 23 and his bond was set at $50,000, 10 percent.

He has remained in custody in the Gallia County Jail since that time.

A negotiated plea was filed in this case on August 23 along with a victim’s statement agreeing to the aforementioned plea.

The statement, signed by the victim’s mother, states that the victim agrees that the defendant will enter a plea of guilty to a lesser charge of gross sexual imposition, a fourth degree felony, and will be sentenced to a recommended three years of community control. The statement further reads that Moore will be ordered to have no contact with the victim, will be assessed the cost of this action and will be ordered to register as a tier 1 sexual offender.

During a hearing on August 30, Moore pleaded guilty to an amended count one of the indictment and a pre-sentence investigation was ordered to be completed by the Adult Probation Department.

Additionally, the defendant’s counsel moved that the defendant’s bond be reduced to an own recognizance bond. This motion was granted by the court and Moore’s bond was set at $50,000, own recognizance.

He posted bond for his release following Thursday’s hearing.

Sentencing in this case has been scheduled for September 25.



Comments
(1)
Comments-icon Post a Comment
MadisonO
|
September 05, 2012
This man should not be walking the street. A plea bargain should NOT have been offered.

Doesn't Gallia County have a real prosecutor? A statement taken from a mentally-impaired victim is accepted? What is wrong with this area??? The mental impairment that called for the fourth degree felony charge should also mean that victim isn't capable of making a statement on behalf of the perp.
Weather
Sponsored By:

Lottery
Sponsored By:

Stocks
Sponsored By:

Gas Prices
Sponsored By:

Featured Businesses
Recipes
Sponsored By: