MIAMI COUNTY — Miami County Common Pleas Court Judge Stacy Wall sentenced a Sidney man to serve seven years in prison — two more years than the joint plea agreement — on Tuesday.
Jasan Young, 40, was ordered to serve seven years for one count of first-degree rape and five years for third-degree felony sexual battery. The sentences will run concurrently with one another. Young faced up to 11 years in prison. The case was investigated by the Troy Police Department detective division.
Young was labeled a Tier III sex offender and will register every 90 days for the rest of his life.
Jose Lopez, Young’s defense attorney, argued after the sentencing that Judge Wall did not follow the joint sentencing agreement between Young and the state of five years of prison, noting the defense had no prior access to the victim’s impact statement and allegations read in open court prior to sentencing. The victim, now 19 years old, was in court, but had Miami County Victim Witness advocate Lauren Kirk read her statement detailing the sexual abuse Young subjected her to for more than seven years, beginning around age 11.
Prior to sentencing, Lopez noted Young had no prior record and was cooperative with Troy Police Department when he was questioned last July and made admissions to the alleged conduct.
Young said he was “truly sorry for what I did” and asked for forgiveness from the victim and the court, telling Judge Wall he’d “never step in a courtroom again as long as I live.”
Miami County Assistant Prosecutor Janna Parker requested the court follow the joint recommendation. She said the victim stated she would use the experience in use her life in a positive direction and “not let it define who she is.”
With the victim by her side with tears rolling down her cheek, Kirk read the victim’s statement of how years of sexual abuse “altered my perception of the world.” In detail, she stated the abuse has caused her long-term emotional damage, anxiety and fear, causing her to drop out of her first semester of college. The statement ended asking Young why he had sexually abused her.
Judge Wall said Young took advantage of trust between the victim, her minor age and their relationship. The victim was known to Young. She said Young plotted the abuse, which occurred more than 100 times, and he stated he knew she was asleep or passed out during the acts he conducted.
“You knew exactly what you were doing,” Wall said. “You took away seven years from this child. She won’t get those years back.”
Young has 30 days to appeal the sentence. Upon his release from prison he will serve five years of mandatory supervision.
Piqua man to serve five years
Maintaining his innocence, a Piqua man was sentenced to serve five years in prison for one count of third-degree sexual battery on Monday.
In previous court proceedings, Benjamin Burchett, 43, entered an Alford plea to an amended charge in a sexual assault case involving a minor. He was found guilty by the court.
The alleged assault involved minors under the age of 10 in 2013. The victim was known to Burchett.
The joint plea agreement was five years in prison with the state to dismiss the indicted first-degree felony rape charges. Burchett will be labeled a Tier III sex offender and must register every 90 days for the rest of his life.
Prior to the hearing, Miami County Common Pleas Court Judge Stacy Wall said she was the city of Piqua’s prosecutor at the time the case was being investigated, but stated she had no involvement or conflict of interest in the case.
Burchett said, “I maintain my innocence,” and, “I would have not done anything to any child. I’m disgusted.”
Burchett’s attorney Andrew Pratt noted that Burchett had no prior criminal history.
Assistant Prosecutor Janna Parker said the state was happy to close the case and believed the victim involved. The victim was not present, but submitted an impact statement to the court for review.
“Today is the day of responsibility,” Judge Wall said, noting that Burchett could have exercised his right to a trial.
In previous hearings, Piqua Police Department Detective Miles Gearing testified to the facts of the case before Judge Wall accepted Burchett’s Alford plea of guilt.
An Alford plea is a guilty plea in criminal court in which a defendant doesn’t admit to the criminal act, yet fears the consequences of the original charges.
Burchett maintained his innocence, but said he agreed with Judge Wall’s statement that he feared the consequences of a trial and the penalty of original charges.
The Piqua Police Department began investigating Burchett in late February 2018 after a juvenile reported seeing some inappropriate behavior to a school counselor. The counselor then reported it to Miami County Children’s Services, which contacted the Piqua Police Department.
Investigators met with the victim, who was 8 years old, and found that she had been allegedly was sexually assaulted three times approximately three to four years ago, according to the Piqua Police Department. The alleged sexual conduct took place when the victim was 5 years old and younger.