A California man was sentenced to two years of community control Monday morning for one count of gross sexual imposition.
John J. Stueve, 38, of Imperial Beach, California, appeared in Delaware County Common Pleas Court Friday to be sentenced after pleading guilty to the gross sexual imposition charge at a hearing on Dec. 19.
Delaware Police report that on Oct. 4, 2014, a 17-year-old girl came to the police department lobby to report she had been touched inappropriately by Stueve on multiple occasions between 2009 and 2014.
An investigation began and on Jan. 29, 2016, Stueve was indicted by a Delaware County Grand Jury on two fourth-degree felony gross sexual imposition charges. Stueve was reportedly an acquaintance of the victim.
As part of a plea agreement with prosecutors, the other charge was dismissed.
At the hearing on Monday, Assistant County Prosecutor Andrew Bigler said one of the conditions of the plea agreement would be that prosecutors and Stueve’s attorney, Michael Lerner, jointly recommend a community control sentence for Stueve. Bigler noted that this agreement was approved by the victim in this case.
Lerner said that Stueve had no prior criminal record. Additionally, Lerner said Stueve had accepted responsibility for his actions and had served 55 days in the Delaware County Jail prior to pleading guilty.
After reviewing the pre-sentence report Delaware County Common Pleas Judge David Gormley said the computerized risk assessment tool put Stueve in the “low” risk of re-offending category, but noted that Stueve showed no remorse throughout the case.
After reviewing facts of the case, Gormley sentenced Stueve to two years of community control and ordered him to serve 30 hours of community service.
Lerner said he had already begun the process of transferring the community control sentence to authorities in California, where Stueve lives and works.
Gormley said if Stueve violates the terms of his community control he will be subject to an increased sentence or a prison term. Gormley said Stueve will immediately begin serving his community control sentence.
