Hulley Sentenced For Sexual Battery
A history of alcoholism — seven prior charges with six convictions and one diversion, all involving alcohol — was an indicator to Kosciusko Superior Court Judge David Cates, that Jonathon J. Hulley, 36, 1310 Cedar Brook Court, Goshen, was not a low risk for committing a crime again.
Through a plea agreement Hulley’s plea of guilty to sexual battery, a class D felony, was accepted by Cates. The charge of rape, was dismissed.
Hulley was given a three-year sentence in the Kosciusko County Jail, with two years suspended to be served on probation. The judge stated he had no objection, if approved and accepted, the remaining six months be served in the county’s work release program.
Hulley was originally charged on Aug. 28, 2013, for rape, a class B felony, and sexual battery, a class D felony.
Stating in the pre-sentence report, Hulley said it was an “honest mistake,” in the events, which occurred in August 2013. “I don’t believe it was an honest mistake in any way shape or form,” said Cates.
Eldon Stoops, attorney for Hulley, referred to his clients criminal history stating he turned to alcohol at a young age following being battered and a murder in the family. “We don’t want to try justifying his actions,” said Stoops noting his client accepted the responsibility. “He should not have been there, and we’re not saying alcohol did not make it his fault.”
Hulley told the court he was deeply sorry “for the situation that happened. I’ve lead myself away from the negative affects of alcohol. I’m deeply sorry.”
Christanne Hampton, deputy prosecuting attorney, focused on the impact statement of the victim during her remarks to the court, adding alcohol was being used as an excuse for his bad behavior. “He knew or should have known, (what he was doing)” she stated referring to his statement to the victim not to tell her boy friend. She related the victim’s emotional suffering, negative image of herself, depression, depression and crying.
It was not without the victim’s input that the plea offered, as she wanted him to admit his quilt and accept the responsibility for what he did. “He took something from her,” she stated, noting it was the victim’s peace of mind.
As part of Hulley’s sentence he is to register as a sex offender.
It was on Aug. 17, 2013, that the victim went to Syracuse Police to report the rape. The boy friend of the victim stated he was asleep on the couch when he was awakened to his girl friend screaming. She told him she was asleep in the bedroom and awoke to find Hulley on top of her having sexual intercourse. The boy friend ran outside and found Hulley, outside the residence, who stated he was sorry. The boy friend struck Hulley in the face.
She stated she thought it was her boy friend until the male told her not to tell her boy friend. It was then she realized it was Hulley and she began screaming. A taxi cab driver, who was contacted by Hulley to pick him up as “he needed to get out of Syracuse,” also stated Hulley admitted to being at a residence, going into a bedroom and making out with a female in that room.