Man Sentenced For Sexual Battery; Woman Used Gun To Stop Attack
WARSAW — A Warsaw man was sentenced for sexual battery in Kosciusko Superior Court 1 on Thursday, Jan. 16.
Robert Paul Snell, 44, 920 Anchorage Road, Warsaw, pleaded guilty to sexual battery, a level 6 felony.
According to the affidavit of probable cause, on June 2, 2019, Warsaw Police were contacted by Snell, who said he had been at a friends’ house. Snell said he and a woman went into a bedroom to lay down and that when he woke up later, he and the woman were both naked.
Snell said the woman forced him out of the residence at gunpoint around 2 a.m. Snell expressed concern to police that he may be accused of something he did not do.
Police then spoke with the woman. According to the affidavit of probable cause, she said she was at a cookout and that Snell was also there “drinking heavily.” According to the woman, Snell left the party on foot and she later went home at around 11 p.m. to go to sleep.
The woman told police that at some point she woke up to find a man on top of her, engaging in intercourse.
According to the woman, she grabbed her rifle from the headboard, shoved it in the man’s chest and told him to get off of her. As the man grabbed his pants and headed down the hallway, the woman said she realized it was Snell. The woman said she and Snell were friends but only friends.
An officer with Indiana State Police later spoke with Snell. During this conversation, Snell admitted that he was in the female’s residence with his pants off and on top of her. Snell also wrote a letter of apology to the woman, stating he was disgusted with himself.
Chief Deputy Prosecuting Attorney Brad Voelz told the court that Snell has engaged in substance abuse since he was 9 years old but stressed that “you’re responsible for the things you do when you’re drunk.”
Snell’s attorney, John Barrett, acknowledged that Snell has a criminal history but said Snell’s family dependents are a mitigating factor in the case, pointing out that Snell has a young son.
Barrett said Snell has been able to “piece his life back together after 84 days of incarceration.” Barrett also submitted letters of support from Snell’s employer.
Snell said he and his son have been attending counseling and are attending church.
He expressed regret over the loss of a 30-year friendship and said he has not consumed alcohol in six months. Snell said he currently attends AA meetings and has no desire to drink alcohol.
Snell voiced concern regarding what may happen to his son if he is incarcerated, saying his son’s mother is “not suitable to take him.”
“You yourself referenced your son at least four times here today, but you were not thinking about your son when you committed this act,” said Judge David Cates. “So don’t tell me now why your son should be a mitigating factor in this.”
Cates reiterated Voelz’s prior statement, saying, “You’re responsible for your actions when you’re drunk.”
Snell was sentenced to two and a half years in prison, with one year of the sentence ordered to be suspended and served on formal probation.
Snell was given 84 days of jail time credit. He was ordered to attend and complete any recommended counseling and/or programs at the Bowen Center, register as a sex offender, maintain employment and to have no contact with the victim. He is also required to abstain from alcohol.
Cates said he had no objection to Snell serving the executed portion of the sentence through the Work Release program, provided Snell qualifies and remains qualified.