Local News

Man sentenced in sexual assault case

STEUBENVILLE -- A former Wellsville resident was sentenced Tuesday to 42 months in prison for sexually assaulting a young Jefferson County girl.

Joshua Blain Jackson, 34, pleaded guilty in Jefferson County Common Pleas Court to one count each of gross sexual imposition and unlawful sexual contact with a minor. Both are felonies.

As part of the deal, the state dismissed a rape charge, but Assistant Prosecutor Jeff Bruzzese stressed the deal was made only after consulting the victim and her family, who attended the hearing.

Also part of the deal: Jackson will be treated as a Tier II sex offender, meaning that, for the next 25 years, he will be required to register his address and other contact information with authorities every 180 days. Because gross sexual imposition specifies the use of force, he'll be banned from having or using guns for the rest of his life. He also will be under community control for five years after he completes his prison sentence.

He will get credit for the 565 days he has spent behind bars since his arrest.

Bruzzese told Judge Michelle Miller the state had "worked with (the victim) throughout the case," including discussing the terms of the deal, before approaching the court.

"It's the closure they've been waiting for," he said.

Jackson, though, came close to derailing his own deal: First, when, before accepting the arrangement, the judge asked him if his attorneys had answered all of his questions and, again, a few minutes later, when she asked if there was anything he felt they could have done in his defense but hadn't.

Jackson complained his attorneys, "Didn't say whether I would be able to see my daughter after my release and everything like that."

Attorney Eric Reszke told the judge he and co-counsel Jake Linn had, in fact, explained to Jackson that was a question they couldn't answer: The conditions of his post-release life will be determined by his parole officer.

"Since he will be on post-release control, that would be something they would consider when he gets out," Rezke said. "We wouldn't be able to answer that question because, quite frankly, we don't know what conditions his parole officer will (deem) appropriate. I don't want to say he can see his daughter or can't because that will be up to the parole board."

Jackson then confirmed that's what his attorneys told him, prompting Miller to point out, "So they did answer."

"They just didn't give you a 'yes' or 'no' answer because they can't answer that question, it's out of their control," she said. "Do you understand that? There are some things this court controls and that these attorneys control, and there are other things that we don't control."

"I just thought they would be able to answer," Jackson interjected. "That's why I asked."

"Well, that was their answer," Miller replied, her voice sharp. "Just because you didn't like it doesn't mean it's not an answer. They don't know what your parole officer is going to do, and your parole officer doesn't know because you're not there yet. There's not even someone they can ask."

Then, when she asked if his attorneys had "done everything you wanted" to defend him, Jackson's reply was, "I guess," complaining to the judge he'd argued with them because "there was certain other evidence they told me they didn't want to use, that we came to a disagreement on. We left with disagreement terms ... that's when they offered me the plea agreement."

"You know you don't have to take the plea agreement," Miller reminded him.

"I understand that," he said. "But without them using that key piece of evidence, it kind of brings us to this."

Miller told Jackson she "(wasn't) going to accept a plea with unequivocal answers from you. You either want to do this or you don't."

"I've signed it," he protested, but Miller told him she was going to recess the proceedings briefly so he could confer with his attorneys.

"This court is not going to accept a plea without unequivocal answers," she said. "Your plea has to be knowing, voluntary and intelligent -- and if you're giving me these squirrelly little answers, then it's not that. You need to speak with your attorneys and clear some things up or I'm not going to accept your plea."

The proceedings resumed five minutes later with Jackson telling the judge he was satisfied with his representation.

Before sentence was imposed Bruzzese told the court it had "been a long road to get to this point" and said the victim wants to be sure the no contact order that's been in place continues.

"She doesn't want to worry about phone calls or letters or anything else Mr. Jackson might do," he said.

The girl, who was present for the proceeding, cried as Bruzzese read her victim impact statement into the record: "Not only did you hurt me, you ruined me," he read on her behalf. "You ruined any trust I had for males ... You took my life from me. You took my happiness."

Jackson's victim wrote that it's "something I hope nobody else has to go through because it is ... disgusting and awful to go through. You ruined me and I will never be the same."

Bruzzese closed by saying the child's statement shows "how badly a crime can impact a victim," while Reszke told the court he and Linn "believe this is a fair resolution." He pointed out Jackson had never been convicted of a felony before.

"It takes into account what happened, it also takes into account his previous history," Reszke said.

Jackson also was given a chance to address the court but chose not to.

"I have nothing to say," he said.

Miller told Jackson she accepted the plea arrangement, "frankly because of the strength of the victim."

"The victim was here today to face the person who committed these horrible offenses against her -- that shows great strength," she told him before turning her attention to the girl.

"You should give yourself more credit," Miller told her. "The court does not believe your life is ruined -- the strength you have shown today, just by coming here, shows you have the strength and integrity and grit to get past this."

Afterward, Bruzzese reiterated that the child wanted the plea deal.

"(She) was in court and happy with the result," he said. "She felt justice was done and was relieved to be able to avoid trial and relieved to close this chapter."

Jackson's trial had originally been scheduled to begin Tuesday.