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GSI sentence

August 28, 2012
By DEANNE JOHNSON - Staff Writer ( , Morning Journal News

LISBON - A Salem area man charged with sexually touching an 11-year-old girl was sentenced to 17 months in prison when he appeared in Columbiana County Common Pleas Court Monday.

According to court documents, Boggess had been a guest in a home on July 5, 2011 when he began to touch the little girl on a couch in the family room.

He offered an Alford plea to the prosecutor's information in May to a charge of gross sexual imposition. The Alford plea means he did not admit to the crime, but agreed to plead guilty anyway.

Assistant County Prosecutor Timothy McNicol said the family of the child decided not to attend the hearing. Boggess, 37, Salem Alliance Road, Salem, will be listed as a Tier I sexual offender.

Boggess also made headlines while he was incarcerated in the Columbiana County Jail awaiting trial in March and assaulted another inmate. Paul Powers, Yeager Drive, Wellsville, at the time had just been sentenced to eight years for gross sexual imposition involving a 4- or 5-year-old child. Boggess had left him unconscious in his cell and was sentenced to 180 days in jail for assault, although he only served 21 days.

Another man, Ethan W. Smith, South Seneca Avenue, Alliance, was given a second chance in Common Pleas Court Monday.

Smith, 20, had pleaded guilty in June to three counts of burglary for breaking into the home of Jay and Margaret Schaffer, Bates Road, Minerva, in 2011, and taking jewelry.

Assistant County Prosecutor Tammie Riley Jones said Smith had been in a relationship with Mr. Schaffer's daughter and used that to get inside their home. He had taken jewelry and pawned it on three separate occasions. Despite that, Jones said Smith was cooperative with police and had no record. She asked for a sentence of a year in prison.

Smith's attorney, Charley Kidder, pointed out his client never tried to make excuses, has found a job and successfully spent eight months on house arrest.

"I believe this is someone we could write off as a success story," Kidder said.

Judge C. Ashley Pike said he found it troubling Smith knew what he did was wrong, but did it on three separate occasions. However, he sentenced him to five years intensive probation.

"I'm going to take a chance on you," Pike said to Smith. "I hope you will not disappoint me."

Finally, a new attorney was granted to Mykel Crooms, 25, Clarks Mill Road, Hammondsville, one of the men reportedly found inside the Salineville IGA without permission to be there and with several tools.

Crooms' jury trial on charges of breaking and entering, possession of criminal tools and obstruction of justice was set for today, but now has been rescheduled.

Assistant County Prosecutor Ryan Weikart told Pike Crooms' brother went through three attorneys the last time he was in court.

"I'm not trying to play any games," Crooms assured Pike.



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