MIAMI COUNTY — On Monday, Miami County Common Pleas Court Judge Christopher Gee delayed the sentencing of a Tipp City man to allow a subpoena to be filed by state prosecutors to allow the victim to attend the hearing.
John Maingi, 38, of Tipp City, previously entered a plea of no contest to sexual battery and gross sexual imposition, both third-degree felonies, and was found guilty by the court. The plea was part of a deal with state prosecutors.
At Maingi’s sentencing, Miami County Assistant Prosecutor Janna Parker read a text message she received from the teenage victim to the court. The message expressed the victim’s desire to attend, but a family member refused to allow her to attend. The victim apologized to Parker for not being able to be there.
The victim is known to Maingi. The offense occurred in 2011.
Maingi appeared at the sentencing alongside his defense attorney Kevin Lennen. Judge Gee delayed sentencing to allow Parker file a subpoena in order to allow the victim to attend, which is a crime victim’s right as part of the judicial process. The sentencing was rescheduled for Dec. 17.
As part of the agreement with the state, prosecutors will dismiss four counts, two counts of first-degree felony rape and two counts of third-degree felony gross sexual imposition, at Maingi’s sentencing hearing. The joint recommendation includes Maingi to serve 36 months in prison for the sexual battery charge. The sentence is mandatory with no early release option. Maingi could face up to 60 months in prison if the court issues maximum consecutive sentences on the charges.
Maingi will also be labeled as a Tier III sex offender and must register every 90 days for life.