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YOUNGSTOWN -- Darrell L. Herron II, 38, of Youngstown, pleaded guilty to sexual battery involving a teen girl who was assaulted in a Liberty Township motel over a prolonged time.
Prosecutors are recommending Herron get a five-year prison sentence and lifetime sex offender registration.
Judge Anthony D'Apolito of Mahoning County Common Pleas Court can choose a lesser sentence.
He will sentence Herron at 2 p.m. Dec. 8 after the Community Corrections Association of Youngstown carries out a presentence investigation of Herron's criminal history and background. Herron remains free on bond.
Herron's plea is called an Alford plea, which means Herron denies guilt, but admits there is sufficient evidence for a jury to find him guilty. A pool of potential jurors had come to the courthouse Tuesday and would have been empaneled to try Herron if Herron had not accepted his plea agreement, the judge stated.
Kevin Day, county assistant prosecutor said if the case had gone to trial, prosecutors would have shown that Herron sexually assaulted the girl in a Liberty Township motel during a period of 2018 to 2019.
The Liberty Township Police Department investigated the case, which originally was indicted as rape and other charges, but the charges were indicted in Mahoning County, Day said.
When prompted by D'Apolito, Day explained that the rape charge and the others are being dismissed in the case because it could have been difficult to prove -- in that the victim made a statement at one point that she never feared Herron.
Also, the case would have required prosecutors to prove that Herron used psychological force in while engaging in sexual conduct with the girl, which is harder to prove than physical force, Day said.
The girl would have testified at the trial, Day said.
She would have liked to see Herron get more prison time, but she was not concerned with the specific charges he would plead guilty to, Day said.
A plea was a better resolution for the girl and her mother because it means the girl will not have to testify, Day added when the judge asked Day additional questions.
As a tier III sex offender, Herron must register his address with the sheriff in the place where he lives every 90 days for the rest of his life.