Walker will serve probation

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A Jay County man who was charged with rape will serve two years probation thanks in large part to his victim’s testimony.

Brandon G. Walker, 19, 3400 S. 400 East, was sentenced Monday to two years, all suspended, in Jay County Jail and placed on probation for the same period after pleading guilty to sexual battery, a Level 6 felony. He was given credit for 15 days already served.

He will also have to register as a sex offender for 10 years.

As part of a plea agreement, a charge of rape, a Level 3 felony that would have carried a sentence of three to 16 years in prison, was dismissed.

The victim, who was 16 at the time of the incident and is now pregnant with Walker’s child, testified at the hearing that she believes he is a good person who feels remorse for what he did. She requested that he be placed on probation.

“I just think he feels sorry,” she said, noting that she was already pregnant at the time of the Oct. 19 incident that resulted in the charges. “I really do.”

The teen, who was previously involved in a relationship with Walker, said she intends to try to work things out with him.

In handing down the sentence, special judge Chad Kukelhan of Adams County leaned heavily on the victim’s testimony.

“She cut you a huge break in life,” he told Walker. “She did more for you than I could at this bench …

“You owe her. I hope you understand that.”

He also mentioned Walker’s youth and lack of criminal history as reasons for the sentence. He added that he chose probation instead of home detention in order to allow Walker to use the earnings from his part-time job for the benefit of his child rather than having to spend it on Jay County Community Corrections fees.

Kukelhan could have given him up to 2.5 years in jail and a $10,000 fine on the Level 6 felony.

The charges stemmed from an Oct. 19 incident in which the victim said Walker forcibly had sex with her, according to a probable cause affidavit filed in the case. She told police that she was no longer in a relationship with Walker but went to his house that evening after they had been texting. Eventually, they went to his bedroom.

At that time, Walker began kissing her, took off her clothes and forced her to have sex with him, the affidavit says. She reported to police that she told Walker “no” several times and repeatedly tried to push him off of her.

Walker later turned himself in to police.

Walker took the stand Monday and said he is sorry “for everything I did. I wish I never did it. I wish it never happened.”

Joelle Freiburger, Walker’s attorney, argued for leniency, noting that Walker has held a part-time job, is seeking full-time employment and is taking online courses in order to obtain his high school diploma. She also mentioned his lack of criminal history, remorse for the incident and intent to reconcile with the victim in order to be part of their child’s life.

Jay County deputy prosecutor George Lopez asked the judge to consider the severity of the crime when imposing the sentence.

“It’s pretty rare that the state goes from a Level 3 to a Level 6,” said Lopez, indicating that the only reason that path was taken was because of the victim’s request.

He also questioned why Walker has not sought counseling since the incident.