KINGWOOD – A convicted sex offender who violated the terms of his probation by viewing pornography and other offenses will serve 10 to 25 years in prison.
Brandon Schumaker, attorney for Dakota Kristian Roach, 22, of Bruceton Mills, said his client stipulated to all of the violation of probation charges.
“There are nine violations and violation four has 12 violations alone,” Preston Circuit Judge Steven Shaffer said.
Roach was convicted in 2017 of sexually assaulting a 12-year-old girl. Under a plea agreement, Roach pleaded guilty to second-degree sexual assault, and several other charges were dropped.
Prosecutors said that he kidnapped and raped the girl in October 2015, threatened her with a hammer and hit her with something as she tried to escape.
Shaffer said the probation violations included testing positive for alcohol and admitting to entering bars and other businesses where alcohol was served. Roach had also visited Porn Hub, a pornography online site, on numerous occasions and viewed pornography of young girls and small children. He had an unauthorized hidden computer browser, admitted to lying to state police about the cell phone, had a forbidden Facebook account, left the state on two occasions without permission and had a sex toy, according to prosecutors.
Schumaker said the pornographic videos were not on Roach’s cell phone. He said Roach clicked on them on the internet. “As of now there have been no charges filed in Mon County,” he said. Probation officers from both Mon and Preston county were available to testify if necessary.
Preston Prosecuting Attorney Melvin Snyder asked the court to enforce the 10-to-25-year sentence imposed at the original sentencing because Roach has prior convictions. “The nature of the violations are severe,” he said.
Schumaker argued the violations should be treated as minor. “There was no victims. He’s spent 72 days in jail. I’m asking the court to view this as a second violation and impose some additional time, up to the 120-day sentence that is allowed for a second violation.”
Shaffer said he was not the judge when Roach pleaded to second-degree sexual assault and the court dropped other charges.
“At that time you were between the age of 18 and 24,” he told Roach. “The court sent you to the Anthony Center for a period of six to 24 months. You were ordered to register as a sex offender when you were released. You didn’t even spend a year there.”
Shaffer said the probation violations are serious. “I read the pre-sentencing report. I think when you were sentenced, Mr. Snyder and Judge (Larry) Miller gave you a significant break. Mr. Schumaker said there were no victims. Well, I don’t know if there was or not. I am wondering what you were doing while you were in Pittsburgh.”
“I understand they are serious violations,” Roach told the court. “But I need a chance. I can do better. I have a great support service waiting for me to come home. I have the means to set up a better life for me. I’m not built for the penitentiary. I’m 22. I won’t see a parole board for eight years. The type of crimes I do does not set well in prison.”
“Judge Miller took this into account when he sent you to the Anthony Center, and he took it into account when he considered the first revocation,” Shaffer said.
He told Roach when he gets out of prison he will be placed on a 20-year extended probation.
