Three northern Trumbull men charged with rape have hearing
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NEWTON FALLS -- The two men from Mesopotamia Township charged with rape and gross sexual imposition for incidents earlier this month were arraigned Thursday in Newton Falls Municipal Court.
Shortly thereafter, a man from North Bloomfield accused of committing rape 20 years ago waived his preliminary hearing, and the case was bound over to a Trumbull County grand jury.
Newton Falls Municipal Court Judge Philip Vigorito presided over those matters involving Robert Detweiler, 26, and Rudy Detweiler, 22, of the same address on state Route 534 north of the Mesopotamia commons and Andrew A. Miller, 41, of Park Avenue in Bloomfield Township.
The Detweilers are each indicted on one count of rape and four counts of gross sexual imposition. Miller is charged with one count of rape for 20-year-old allegations.
The Detweilers each appeared by video from the Trumbull County jail, where Attorney Michael McGee with the Ohio Public Defender's Office entered not-guilty pleas on behalf of both men.
Vigorito told each man that their rape charge carries a possible prison sentence of three to 11 years, and "under certain circumstances you could get what is called a life sentence with no possibility of parole for 11 years."
The gross sexual imposition charges they face carry a possible penalty of six to 18 months on each.
Vigorito said each man is scheduled for a preliminary hearing Tuesday morning. Vigorito kept their bond the same -- $25,000 each.
Vigorito ordered both men to have no contact with the alleged victim "or any other minor individual, as a condition of the bond."
McGee said the Detweilers are hiring their own attorney, but agreed to allow McGee to stand in for them for Thursday's arraignment.
The Detweilers were charged with the offenses Aug. 24, the same day they were arrested and taken to the Trumbull County jail. The Trumbull County Sheriff's Office was notified by Trumbull County Children's Services of allegations against the Detweilers and carried out an investigation.
MILLER PRELIMINARY HEARING
When it was time for Miller's preliminary hearing, he stood before the judge with his attorney, James Melfi, and Newton Falls Prosecutor Gary Van Brocklin, and Miller agreed that he was waiving the right to have a preliminary hearing, where evidence would have been presented to determine whether there was probable cause that a crime was committed and that he committed it.
Vigorito then bound the matter over to a Trumbull County grand jury for its consideration of charges.
Van Brocklin said he turned over all of the police reports and other documents to the defense and that he and Melfi agreed that a $50,000 bond would be appropriate in this case. Court records state that his bond initially was $250,000.
Van Brocklin said that if Miller makes bond, he cannot contact "anybody," meaning primarily the victim, "and no one in the community can do so on his behalf." Van Brocklin said he will be asking for revocation of the bond if that happens.
Miller said "Thanks" to the judge at the end of the brief hearing.
He had been sitting on the side of the courtroom in a Trumbull County jail jumpsuit with several other jail inmates for quite a long time waiting for his hearing.
He was emotional much of the time he was in the courtroom, frequently putting his head down.
When he was first escorted into the courtroom by a deputy with a couple of other inmates, many of the approximately 20 people in attendance reacted with tears and crying, including some of the men.
They wore the clothing of Old Order Amish people, though the men left their straw hats in a large bin near the security entrance of the building and retrieved them when they left.
The alleged victim was not present for the hearing, and when Vigorito asked about her, a victim witness advocate and Van Brocklin said they had not been able to contact her. Prosecutors are required by law to try to contact victims to make sure they are aware of hearings in criminal cases.
Miller was charged with the offenses Aug. 18, the same day he was arrested and taken to the Trumbull County jail.
The alleged victim in that case told deputies Miller raped her multiple times over a few months when she was 14 or 15 years old in 2006. She said Miller was 21 years old.
She said when her parents found out, they reported it to Children's Services. "However, they never made a police report, as the Amish try to resolve things within their community, according to (the victim)," the report states.
Miller spoke to deputies in July, saying the sex with the girl was consensual.