Guilty plea in home invasion

4/23/2009 3:32 AM

By Linda Metz, Staff writer

lmetz@observer-reporter.com

A Claysville man whose testimony aided in convicting a co-defendant of burglarizing and sexually assaulting an elderly woman pleaded guilty Wednesday to his involvement in the incident and in several other criminal cases.

Kevin M. Partozoti, 21, of 4184 Route 40, was sentenced by Washington County Judge John DiSalle to 111/2 to 23 months in jail followed by five years of probation. Partozoti pleaded guilty to burglary, conspiracy to commit burglary, resisting arrest, driving under the influence of alcohol and two counts of carrying unlicensed firearms.

Partozoti was a key prosecution witness in the trial of Robert Allen Benney, 35, of 533 Berthel Ave., Canton Township, that was held in February, also before DiSalle.

It took a jury of seven women and five men about a half-hour to convict Benney of numerous counts stemming from the March 22, 2008, invasion of the 62-year-old woman's home.

According to court records, Benney and Partozoti broke into the woman's home in search of money and coins that belonged to her late husband. As Partozoti ransacked the home looking for the items, Benney sexually assaulted the woman in her kitchen.

During the incident, Partozoti tried to assure the woman that she was not going to die and told Benney to stop assaulting her.

The woman was then taken downstairs to her basement, where she was tied to a rocking chair. The men then poured spices and cat litter over her.

Although the woman was unable to physically identify either of the men because she did not see their faces, she was able to identify Partozoti's voice after hearing a taped recording played by police.

Benney is being held in the county jail without bail. He will be sentenced upon completion of a presentence investigation and evaluation by the Pennsylvania Sexual Offenders Assessment Board to determine whether he is a sexually violent predator in accordance with Megan's Law.

Partozoti also pleaded guilty to an incident on March 4, 2006, during which he resisted arrest by police at All Star Express in Canton Township; an Oct. 8, 2007, incident during which he was found in possession of a gun at a house on Bel Air Drive in Canton Township; and a March 23, 2008, incident in the parking lot of a Denny's restaurant in North Franklin Township.

He also pleaded guilty to driving under the influence Jan. 22 following a traffic stop on North Street in Washington. His blood-alcohol content at the time was 0.120 percent.

In addition to his jail and probation sentence, Partozoti will have to undergo drug and alcohol evaluation and treatment, have his driver's license suspended and pay $700 in fines.

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