A Marietta man was sentenced to nearly double the maximum sentence on a sexual battery crime Tuesday in Washington County Common Pleas Court because he committed the offense while on post release control from prison on a different sexual offense.
Timothy J. Seevers, 42, was sentenced to just shy of 10 years in prison on a third-degree felony charge of sexual battery for performing sexual acts on his stepson's girlfriend while she slept in February 2012.
The charge carries a five-year maximum sentence, but more time was added because Seevers committed the crime while on post release control from prison on a charge of gross sexual imposition.
When an offender violates parole by committing another felony, a judge is mandated to sentence the offender to serve the remaining supervision time in prison in addition to serving time on the new offense, noted Washington County Prosecutor Jim Schneider.
"Ohio law, with the post release control (sentencing option) is made for this type of crime-for a person who recidivates shortly after being released and commits the same type of crime," said Schneider.
The offense occurred just six weeks after Seevers was released from prison on a gross sexual imposition charge on Jan. 3, 2012. Seevers was then living with his stepson and stepson's girlfriend at their Ward Street residence. The girlfriend was 19-years-old at the time of the crime.
In late February, Seevers and his stepson were on their way to pick the woman up from work when they were pulled over by the Ohio State Highway Patrol and Seevers' stepson was arrested for driving under a suspended license.
While Seevers' stepson was in jail that evening, his girlfriend awoke to find her pants had been removed and Seevers was performing a sexual act on her.
"In a way this was an extended family member," said Washington County Common Pleas Court Judge Ed Lane of the victim.
Seevers initially denied having sexual relations with the girl, but testing later matched Seevers' DNA to saliva gathered during the woman's rape kit.
Seevers had initially been indicted on a first-degree felony count of rape, a third-degree felony count of failing to register a change of address and a fifth-degree felony count of interference with custody in addition to the sexual battery charge.
The failure to register and interference charges stemmed from Seevers, already a tier 2 sexual offender at the time, fleeing to West Virginia with a juvenile son after he committed the sexual assault.
Seevers pleaded guilty July 16 to the sexual battery charge and the other charges were dropped as part of the plea agreement.
Schneider recommended that Lane sentence Seevers to three or four years on the present charge as well as to all the time he had remaining on post release control-four years, 10 months and four days.
Seevers' attorney Rolf Baumgartel, said his client knew he would be going to prison, but asked for less time on the present charge.
"We would ask the court for two-no more than three-years on the charge, knowing that the court has to sentence over four years additional on the post release control time," said Baumgartel.
However, Lane surpassed both recommendations, sentencing the maximum five years on the sexual battery charge in addition to the post release control time.
"I've seen lists of prior offenses before that were longer than yours. It's rare that I've ever seen one that consisted of that many felonies," said Lane of Seevers' nine prior felony convictions.
Seevers received a total sentence of nine years, 10 months, and four days. He will receive credit for 128 days served.