Greene County judge rejects agreement in sex assault case
WAYNESBURG – Greene County Judge Lou Dayich rejected a negotiated plea agreement in a statutory sex assault case Tuesday, but said it was not solely because of the woman’s objections to the deal.
James Patrick Biller, 23, of Mt. Pleasant, faces charges of statutory sexual assault, aggravated indecent assault and indecent exposure.
Biller and his attorney, Donna McClelland, worked out an agreement with Assistant District Attorney Brianna Vanata that he would serve a six-month to four-year county sentence on house arrest with work release. Biller would also be required to complete sex offender counseling as part of the agreement, which would dismiss some of the less-serious charges.
However, as Vanata detailed the agreement, the woman who was allegedly assaulted cried in the back of the courtroom. Vanata informed Dayich the woman was aware of the deal, but did not agree. The Observer-Reporter does not identify victims of sexual assault.
“The offer that we’ve made is what we believe to be appropriate,” Vanata said.
The woman came forward, nervous and hesitant to speak to the judge in open court.
“I don’t feel comfortable,” she said.
The woman, who is now 18 but was 13 at the time of the alleged assaults, said she spoke with the district attorney’s office about the plea agreement and she instead wanted to take the case to trial. Dayich asked what she wanted out of a trial.
“Jail time, at least, of some kind,” she said before trailing off.
Dayich then told both sides to continue negotiations, rejecting the proposed agreement and setting jury selection for September. Five people, including the woman, gave a soft cheer at the back of the courtroom.
Biller, who was living in South Carolina when Cumberland Township police issued a warrant for his arrest, allegedly forced the then-13-year-old to have sex several times at her home in Carmichaels when he was 19.
Township police received a referral from ChildLine in April 2017, according to the criminal complaint. The woman told police she did not immediately report the incidents because she was afraid of him.
The assaults allegedly took place from October 2013 to January 2014, she told police. She said the two were involved in some sort of relationship at the time.
Biller at first denied the allegations but later told police the two had engaged in a sexual relationship, according to court documents.
Biller remains free on $50,000 percentage bond to await further disposition of his case.