8/5/11 Killbuck man maxed on unlawful sexual conduct charge

  • By Nick Sabo
  • August 5, 2011
  • 300
                        
SUMMARY: Judge throws out joint sentencing recommendation for community control A Holmes County Common Pleas judge gave the maximum sentence to a Killbuck man who had sex with a 13-year-old girl. Ronald E. Bernhart, 18, 150 E. Washington St., was sentenced Thursday Aug. 4 to 18 months in prison on one charge of unlawful sexual conduct by Common Pleas Judge Robert D. Rinfret. Bernhart previously pleaded to the charge after a joint sentencing agreement recommending jail time was arrived at between Prosecuting Attorney Steve Knowling and Bernhart’s attorney, Jeff Kellogg. However, Rinfret said Bernhart’s offense is one of two in his court that always spells prison. “There are two things that bug me more than anything, drugs and sexual offenses,” Rinfret said. “Unlawful sexual conduct, that alone rips me up.” Bernhart said he had sex with the girl twice, and said in his presentence investigation that she “followed me wherever I go...one thing led to another”. Rinfret said Bernhart’s statement’s were paramount to victim blaming. “It’s very disturbing. You’re charged with one count, but it was more than one (time)...You did graduate high school, you had to know this was wrong,” Rinfret said. Knowling said the sentencing recommendation was arrived at after consulting the victim’s family. “Talking with the victim’s family, they were not looking for a prison sentence,” Knowling said. Kellogg said he has spoken to Bernhart about appealing the sentence. Kellogg said he knew there was a risk of his client going to prison given Rinfret’s background as a prosecutor for juvenile court. “I certainly wanted to avoid prison,” Kellogg said. “I knew this was tough coming before Rinfret. He cares a lot about young kids.” Unlawful sexual conduct is a fourth-degree felony and carries up to 18 months in prison and a $5,000 fine. Rinfret further classified Bernhart as a tier two sex offender, requiring Bernhart register with the sheriff’s office of his county of residence for 25 years.


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