posted on November 26, 2013 16:51
A LeRoy man admits to breaking into a woman’s home and raping her in May.
Charles D. Johnson, 29, of Gilbert Street, entered a guilty plea to a single count of first-degree rape in County Court today. He faces a sentence of eight to 18 years in jail. If he went to trial, it would have been 10 to 25 years.
Johnson appeared in shackles and a Genesee County Jail orange jumpsuit without legal representation. Judge Robert Noonan grated Johnson time to confer with his family that was present since he agreed that Johnson hadn’t had adequate time to contemplate a guilty plea to a serious charge.
After a 45-minute break, Johnson came back and once under oath to accept the plea deal said he didn’t remember the crime because he was “too high.”
Finally after some lecturing from Noonan about the legal process, Johnson admitted that with the evidence -- which includes a DNA match -- a jury would convict him. That statement is necessary to complete the guilty plea.
Johnson also has a felony conviction out of Erie County from 2003 for criminal possession of a controlled substance. If he can get that vacated before sentencing – based on his belief he did not have adequate representation at the time – the minimum term for this sentence would be five years in prison.
Sentencing is scheduled Dec. 24.
Johnson was arrested two weeks after the report of a woman who said someone broke into her home in the middle of the night, put a knife to her throat and raped her in her bed. He was originally charged with predatory sexual assault, burglary and criminal possession of a weapon.