GREENVILLE – The following were sentenced in Darke County Common Pleas Court on Monday, June 11:
* Jacob Motley, 19, of Greenville, was sentenced to 15 days with one day credit in the Darke County Jail, as well as 60 months of community control sanctions for unlawful sexual contact with a minor.
Motley was 18 when the offenses took place in September and October of last year. The victims were 13 and 15 years of age.
Motley entered a guilty plea to the charges in April.
Darke County Prosecutor Kelly Ormsby told Judge Jonathan P. Hein he found it hard to believe Motley’s initial statement after being charged, which indicated he “didn’t know they (victims) weren’t of legal age.” Ormsby went on to explain how Motley met the younger girl through a family member of the same age.
Ormsby suggested Motley be given a 90- day jail sentence “just so he understands he can’t be doing this kind of conduct.”
Motley’s attorney David Rohrer said he “didn’t have a lot of disagreement” with what the state was recommending, but did say he would suggest Motley be evaluated for potential therapy and/or counseling.
“I think he can be successful with community control sanctions,” Rohrer added, “if he gets therapy. He shouldn’t be around girls that age if he has that problem.”
Rohrer – as well as Motley’s mother – also told Hein his client had “mental issues” that needed to be dealt with.
When Hein spoke directly to Motley, he told him his “conduct was illegal and immoral,” adding how mixed messages in today’s magazines and media may contribute to such behaviors but individuals had to learn to make correct choices – even if the girls said “yes.”
The two-week jail term, Hein told Motley “is basically a long time-out chair for adults” and the the time would be well spent with Motley determining if he wanted “to be a lost cause.”
Motley also will have to register as a Tier II sex offender every six months for 25 years. Violation of community sanctions will result in mandatory incarceration.
* Rachael Guillerman, 25, of Arcanum, also will spend the next 60 months under community control sanctions for obstructing justice.
Guillerman’s original charge, according to court records, was pandering obscenity.
According to assistant prosecutor Deb Quigley, when the defendant found nude photos of young children on her boyfriend’s phone, she should have immediately called police. Instead, Quigley said, Guillerman contacted her sister, who told Guillerman to call police or she would.
The sister was the one who ended up reporting the photos, Quigley said.
Quigley went on to explain how Guillerman also confronted her boyfriend about what she found which prompted him to dispose of the phone and get a new one. When investigators seized his phone, they ended up getting the new phone, which only had been used for about a day, Quigley explained.
Guillerman pleaded guilty to the obstructing justice charge in April.
Defense attorney David Rohrer told Hein he found his client’s charges to be “abhorrent. What was my client supposed to do?”
Rohrer added that he had seen the photo in question and it was of two children “naked on a beach” with nothing “questionable” taking place.
“I would ask the court to put her on community control sanctions,” Rohrer said.
Hein asked Guillerman if “you ever play this out in your mind would you do it a different way?”
Guillerman answered “yes.”
Hein also told Guillerman the photos on her boyfriend’s phone were “red flags in your relationship (of six and one half years) with him. Whatever that means to you.”
* John Dingman, 23, of Greenville, was ordered to pay restitution of $70 and serve 60 months of community control sanctions for burglary.
Dingman pleaded guilty in April of breaking into his former girlfriend’s home on Christmas Day. He stole $20 and a sweatshirt worth $50, which he proceeded to “burn on Facebook for all the world to see,” Ormsby said. “The state does not feel prison” is the answer for Dingman, due to “mental health issues.”
Rohrer told Hein he believed his client “had learned his lesson. He is employed.”
Hein deferred additional jail time due to Dingman’s work schedule, but did warn him that “failure to comply” with community control sanctions would result in a 12-month prison sentence.
PHOTO CAPTION: Jacob Motley with attorney David Rohrer appeared in court Monday. (Susan Hartley photo)