Wellsburg man sentenced in sexual assault case
WELLSBURG — A Wellsburg man was sentenced to up to two years of confinement at a juvenile detention center and five years of supervised release after being charged with the sexual assault of a minor.
The sentence on Monday came after Garrett Colley, 21, of Wellsburg entered a Kennedy plea to the charge of third-degree sexual assault.
Also known as an Alford plea in other states, a Kennedy plea is entered when a defendant denies he or she committed a crime but acknowledges a jury could be persuaded of his or her guilt.
Kevin Neiswonger, Colley’s attorney, told 1st Judicial Circuit Court Judge Jason Cuomo his client denies having any sexual contact with the victim but told police who were questioning him that he had “because he just wanted to leave.”
“Mr. Colley is adamant that this didn’t occur,” he said.
Neiswonger said Colley and the girl involved were very young when the allegations were made, with Colley being 18 years old at the time and the girl being 14.
He said the penalty of supervised release will have an impact on Colley because it will limit his movements while noting Colley will be required to register with West Virginia’s Sex Offender Registry.
Brooke County Prosecutor Allison Cowden said while admitting drinking was involved, the victim has maintained Colley forced himself on her.
Cowden said the victim isn’t angry with him but is “heartbroken over how he’s treating her.”
The prosecutor said prior to the incident, the victim had seen Colley as a friend and a confidant and has been quite distraught whenever speaking about it.
“She trusted him, and he raped her,” said Cowden, who said he’s compounded the offense by lying about it.
Before ordering the sentence, Cuomo said it was a difficult decision for him because he didn’t hear directly from either person involved.
But he added Colley at one point confessed to the crime, so the sentence seemed appropriate.