CLARION, Pa. (EYT) – A Leeper man who was convicted on 79 sexual offenses against a child was sentenced to up to 100 years in prison on Wednesday.
(Photo above by Dave Cyphert of ProPoint Media Photography.)
Judge Arner Sentences Thomas to 50 Years to 100 Years in State Prison
On Wednesday, March 27, President Judge James Arner sentenced 56-year-old David Johnathan Thomas, of Leeper, to a total of a minimum of 600 months (50 years) up to a maximum of 1,200 months (100 years) in state prison following a guilty verdict.
A Clarion County jury convicted Thomas on the 79 sexual offenses against him based on “a pattern of sexual abuse” lasting nearly 10 years. The jury deliberated for approximately 1.5 hours on Tuesday, December 18, 2018, before delivering their unanimous verdict to convict him on all charges filed against him, as listed below:
– Rape Forcible Compulsion, Felony 1 (12 counts)
– Sexual Assault, Felony 2 (12 counts)
– Aggravated Indecent Assault W/O Consent, Felony 2 (14 counts)
– Aggravated Indecent Assault – Complainant Less Than 13 Years Old, Felony 2 (two counts)
– Aggravated Indecent Assault – Complainant Less Than 16, Felony 2 (two counts)
– Incest (12 counts)
– Corruption Of Minors, Misdemeanor 1
– Indecent Assault Person Less 13 Years Age, Misdemeanor 1 (four counts)
– Indecent Assault-W/O Consent Of Other, Misdemeanor 2 (16 counts)
– Indecent Assault Person Less 16 Years Age, Misdemeanor 2 (four counts)
While the jury convicted Thomas of 79 offenses, it was not alleged that he committed 79 separate acts.
Judge Arner Merges Sentences Following Memorandum Filed by ADA Drew Welsh
According to a sentencing memorandum filed by Assistant District Attorney Drew Welsh, the Commonwealth presented evidence that Thomas had forced sexual intercourse with the victim 12 separate times. The following convictions all stem from that criminal conduct:
– Rape Forcible Compulsion, Felony 1 (12 counts)
– Sexual Assault, Felony 2 (12 counts)
– Aggravated Indecent Assault W/O Consent, Felony 2 (12 counts)
– Indecent Assault-W/O Consent Of Other, Misdemeanor 2 (12 counts)
As these offenses all stem from the same criminal conduct, Judge Arner ordered that the sentences for these offenses be merged.
Details of Sentences Per Offense
On 12 counts of Rape Forcible Compulsion, Felony 1, Thomas was ordered to a minimum of 50 months to a maximum of 100 months confinement in a state correctional facility for each count, or 50 years (600 months) to 100 years (1200 months).
The remaining sentences are concurrent to the Rape Forcible Compulsion sentence as follows:
- On 12 counts of Incest, Felony 2 – a minimum of 18 months to a maximum of 36 months confinement in a state correctional facility to run consecutively to each other, but concurrent to the previous sentence.
- On two counts of Aggravated Indecent Assault Without Consent, Felony 2 – a minimum of 30 months to a maximum of 60 months confinement in a state correctional facility on each count to run consecutively with each other, but concurrent to the previous sentences.
- On two counts of Aggravated Indecent Assault – Complainant Less Than 13 Years Old, Felony 2 – a minimum of 30 months to a maximum of 60 months confinement in a state correctional facility on each count to run consecutively with each other, but concurrent to the previous sentences.
- On one count of Corruption of a Minor, Misdemeanor 1 – a minimum of six months to a maximum of 12 months confinement in a state correctional facility to run concurrent to the previous sentences.
- On four counts of Indecent Assault Person Less 13 Years of Age, Misdemeanor 1 – a minimum of six months to a maximum of 12 months confinement in a state correctional facility to run consecutively with each other, but concurrent to the previous sentences.
- On four counts of Indecent Assault Without Consent of Other, Misdemeanor 2 – a minimum of two months to a maximum of four months confinement in a state correctional facility to run consecutively with each other, but concurrent to the previous sentences.
- On four counts of Indecent Assault Person Less Than 16 Years of Age, Misdemeanor 2 – a minimum of two months to a maximum of four months confinement in a state correctional facility to run consecutively with each other, but concurrent to the previous sentences.
Thomas will also be required to register as a Tier 3 sex offender, which requires a lifetime registration.
He is currently lodged in the Clarion County Jail, awaiting transfer to a state correctional facility.
Case Details:
According to a criminal complaint filed by Marienville-based State Police Trooper Shawn Nicewonger, the investigation was initiated on November 12, 2017, when police received a report from Clarion County Children & Youth Services (CYS) pertaining to the alleged sexual abuse of the victim.
Further investigation by the State Police and CYS investigators revealed that Thomas sexually assaulted the victim on numerous occasions dating back to 2006.
The case was tried by Clarion County 1st Assistant District Attorney Drew Welsh.
“The Clarion County District Attorney’s office has taken a hard line on child molesters,” said Welsh. “Sexual offenses are traditionally the most difficult cases to prosecute. Predators will often hope to take advantage of this difficulty, or hope that by taking a case to trial, the child they have victimized will be too traumatized to testify.”
“This case, and numerous other recent convictions, sends a message that the District Attorney’s office will not back down. We will continue to fight for justice and stand up for the victims of sexual violence.”
Welsh emphasized that the seriousness and number of charges will allow Judge Arner to have broad discretion in the length of the defendant’s sentence.
“I intend to ask the judge to show no leniency in this case due to the horrendous nature of the crimes,” said Welsh. “Tracy Park, the victim advocate for the District Attorney’s Office, as well as (Marienville-based State Police) Troopers Shawn Nicewonger and Kathy Watters played critical roles in this prosecution.”
“The true hero is the victim. The courage she showed by coming forward is incredible. It takes true bravery to be able to testify in front of a jury of strangers all while being asked difficult questions and having the man who abused you for nearly a decade sitting nearby watching. The most rewarding part of this conviction was seeing the tears of relief roll down her cheeks after the verdict was read.”
“She was vindicated, and justice was served.”
EDITOR’S NOTE 1: Extreme graphic details were not included due to the sexual nature of the alleged crimes.
EDITOR’S NOTE 2: Several details were removed from this article to help protect the identity of the victim.
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