ST. CLAIRSVILLE - Two sex offenders were sentenced during Friday's session of Belmont County Common Pleas Court. Judge John M. Solovan II presided.
Justin Michael Archer, 26, 1510 Colerain Pike, Martins Ferry, was sentenced for one count of importuning, a felony of the third degree, and two counts of illegal use of a minor in nudity-oriented material, a felony of the fifth degree occurring March 1, 2013.
He was designated a Tier 1 offender. Solovan noted the victim was 12 at the time.
Justin Michael Archer
He was sentenced to 36 months for importuning and 12 months for each fifth degree felony. The second and third charges will be served concurrent with each other and consecutive to the importuning charge for a maximum of 48 months. He was given credit for 76 days served.
Solovan noted that the original charges were amended due to evidentiary issues. Though sexual conduct could not be proven, solicitation carries potential for long-term harm of an underage victim. This was further exacerbated by the pictures.
"The solicitation of deviant conduct is highly repugnant to society," Solovan said, adding that there will be no consideration of judicial release without full acceptance of responsibility and accountability and counseling.
Henry William McEndree, 57, Bridgeport, was sentenced for rape, a felony of the first degree occurring Dec. 28, 2013. He was given a sentence of nine years in the penitentiary with credit for 193 days served.
He was designated a Tier 3 offender.
A relative of the victim spoke about McEndree's abuse of their trust and the lasting pain caused. Prosecution noted McEndree was on parole at the time, making his crime a parole violation as well. He agreed to plea to spare the victim the need to testify.
Solovan noted the offense of exacerbated by the threat of force on the victim. He also noted the lasting psychological and emotional harm. Solovan also noted McEndree's lack of appreciation for the seriousness of the crime.
He had been convicted of rape in 1991.
Tina Eunice Jaworski, 44, no current address, was sentenced for aggravated assault, a felony of the fourth degree occurring Oct. 27, 2013.
She was given five years of community controls. She will serve eight months in jail with credit for 258 days served, and up to four months EOCC.
Defense asked Solovan to consider Jaworski's evaluation for mental health issues. Solovan noted that Jaworski knowingly jeopardized another by failing to take her medication.
Cody Wayne Agler, 19, Mt. Pleasant Pike, Martins Ferry, was sentenced for robbery, a felony of the third degree occurring Sept. 6, 2013. He was given a sentence of 24 months in the penitentiary with credit for 87 days served.
Prosecution noted that Agler had been under a prior sentence at the time. He will serve that EOCC sentence after completing Solovan's sentence.
Eric James Mueller, 51953 Pipe Creek Road, Jacobsburg, pleaded guilty to theft, a felony of the fifth degree occurring May 14, 2012. Sentence was set for Aug. 15. A pre-sentence investigation and victim impact statement were ordered.
Jason Gerald Magnani, 29, 57161 Kriechbaum Road, Jacobsburg, saw the revocation of his community controls after admitting to six violations, including possession of drugs. He was originally convicted of attempting to have weapons under disability, a felony of the third degree occurring Nov. 14, 2012. Sentence was set for Aug. 1.
Eric Weisal, 24, 312 Park St., St. Clairsville, was arraigned and pleaded not guilty of burglary, a felony of the second degree. His status conference was set for Aug. 1, with plea agreement Sept. 12 and trial Sept. 18. He was released on recognizance.
A warrant was issued for Amber, Nichole Lancaster, 24, 16 Mann St., Bridgeport.
DeFrank can be reached at firstname.lastname@example.org