Man gets prison for molesting disabled family member

Staff report


A man who pleaded guilty to molesting a developmentally disabled family member will spend a year in prison.

Dwayne Eley, 54, of Saranac Avenue received the sentence Tuesday from Judge R. Scott Krichbaum of Mahoning County Common Pleas Court on two counts of gross sexual imposition.

The victim was 28 when the crimes occurred, but prosecutors said she has the mental capacity of a 10-year-old.

Eley groped the victim, but Assistant County Prosecutor Jennifer McLaughlin said his actions never escalated to the level of rape. McLaughlin argued the victim’s inability to defend herself demanded prison time.

Atty. Desirae Dipiero, who represented Eley, noted he had no prior criminal record. She said the actions were out of character and unlikely to happen again.

Judge Krichbaum said Eley’s actions could warrant a longer sentence, but he took into account the wishes of the victim, Eley’s lack of a prior criminal record and that, because the prosecutor and defense attorney agreed on the sentence, Eley would not have the right to an appeal.

In addition to the one-year sentence, Eley must register as a tier 1 sex offender, which requires annual registration for 15 years.

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