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Man accused of rape gets 2 years after plea to reduced charge

YOUNGSTOWN — A man accused of sexually assaulting a young girl will serve only one more year in prison.

Nikitas Smaragdas was set to go to trial Monday, but instead appeared Friday for sentencing after pleading guilty earlier this week to an amended charge.

Smaragdas originally was charged with the rape of a girl younger than 13 in fall of 2022.

Before accepting the plea deal on Monday, Mahoning County Common Pleas Court Judge Anthony D’Apolito said the change from rape to abduction is “quite an amendment” and asked the prosecution to discuss the reasons.

Mahoning County Assistant Prosecutor Caitlyn Andrews said “after speaking with the victim, it appears what she would be testifying to would be more in the line of (gross sexual imposition) rather than the rape, so the state actually intended, had we gone to trial, to dismiss (the rape) count. We believe it would be just for a sexual imposition.”

Andrews added the things the victim would testify to “were not necessarily consistent with what she said at the (Akron Children’s Hospital) Child Advocacy Center.”

Defense Attorney John Juhasz addressed the court on his client’s behalf.

Juhasz said that in his many years of litigating cases of all kinds, one thing he has learned is that “the single hardest thing to convince anybody of is that their version of events might not be believed by 12 impartial jurors.”

Juhasz said Smaragdas “has acknowledged responsibility for his actions and he accepts the sentence.”

While the victim was not in court for the plea agreement or sentencing, her great-aunt — also her legal guardian — represented her in court Friday. The woman told D’Apolito that the victim and family agree to the terms of the plea deal and with the sentence.

Andrews told D’Apolito on Monday that “after speaking with (the victim) and defense counsel, we felt like this is something that could be resolved in this manner.”

She said the victim wanted Smaragdas to get some prison time, but understands that the abduction charge does not require Smaragdas to register as a sex offender. Abduction is a third-degree felony.

“My concern always is to make sure that the victim is satisfied,” D’Apolito said. “Not imposing prison time would demean the seriousness of the crime and the harm done to the victim.”

Smaragdas has been in Mahoning County Jail since at least March 2023, and his sentence gives him credit for that time, so he will only have to serve the remaining year. He also is ordered to have no contact with the victim, her family or their property. Smaragdas will be on parole for one to three years after his release.

Reporter Ed Runyan contributed to this report.

Have an interesting story to share? Contact Dan Pompili at dpompili@vindy.com

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