Convicted sex offender will be retried on other counts

Jury unable to render verdict on 17 rape charges against man, 76

WARREN -- The Trumbull County Prosecutor's Office has confirmed that it plans to retry Danny McFadden, 76, of Niles, on 17 charges of child rape that a jury was unable to reach a verdict on during his Nov. 7 trial.

A news release from the prosecutor's office states that the Ohio 11th District Court of Appeals dismissed McFadden's appeal of his conviction on 11 counts of gross sexual imposition for which he was sentenced to 11.5 years in prison on Dec. 17 by Trumbull County Common Pleas Judge Cynthia Westcott.

He also was declared a Tier 2 sexual offender, meaning he must register with the sheriff's office where he resides twice per year for 25 years if he is ever released from prison.

According to 11th District Judge Robert J. Patton, the appeal was dismissed because of lack of final appealable order. The prosecutor's office stated in the release that it had to wait for the appeals court decision before deciding whether to retry McFadden on the additional charges.

McFadden was indicted on 28 total counts with sexually violent predator specifications involving the same victim, who was less than 10 years old when the alleged crimes occurred. The victim is a female relative.

McFadden was found guilty Nov. 7 after nearly a week-long trial before Westcott. He also was tried on 17 counts of rape involving the same victim, but the jury could not render a verdict on those charges. If he had been convicted on all the charges, McFadden faced about 45 years in prison.

McFadden's crimes date back to 2017 when a female victim related to him was age 5. She is now 12. Two other victims had testified at trial -- a neighbor of McFadden's who also was a juvenile at the time of the sex crime against her, and the nanny of the primary victim who testified the defendant had grabbed her private parts.

During the sentencing hearing, the judge heard written statements from the parents of the primary victim, the victim herself and the nanny. The defendant told the judge he was not guilty of the crimes and has maintained his innocence since his arrest in 2024.

He did not testify at the trial.

During the trial, the victim described the abuse escalating over seven years, with McFadden threatening to displace her and her siblings if she disclosed it.

The incidents occurred two to three times weekly in homes and vehicles during babysitting or transport to activities, according to her testimony.

The girl's parents testified to their shock upon learning of the allegations, with the mother recalling feeling "sick" and the father briefly passing out. A former nanny described observing "inappropriate" hugs and touches by McFadden.