NORWICH – Two men set to face a jury with life sentences at stake appeared in closed conferences Wednesday in an attempt to arrange a last-ditch plea bargain. After over an hour of discussions, one of the defendants confessed in open court and is now prepared to testify against his alleged co-conspirator.
Stephen R. Ohl, 24, Cunningham Lawrence Road, Sherburne, will serve 18 years in state prison for his role in the December home invasion of a Sherburne woman’s residence which led to her violent sexual assault and robbery.
In exchange for 18 years in state prison, Ohl had to accept responsibility for the accused crimes and agree to testify against his alleged co-conspirator, Jonathan “Joe” Elwood, 29, of Ashcraft Road, Norwich, when he appears for jury trial on Monday.
If Ohl fails to fulfill his agreement, he will be sentenced to a more severe sentence that could be in excess of 50 years.
With the victim sitting in the courtroom, Ohl described the events that took place on the night of the attack. He paused repeatedly through an extensive statement, asking for a moment to collect himself before continuing. He said on the night in question, he and “Joe” (Elwood) were going to sell an assault rifle to a friend in Hamilton sometime after Ohl’s daughter’s birthday party. He admitted to drinking and “doing drugs” since the middle of the day and then going to a Hamilton party with Elwood to meet their buyer. The man decided not to purchase the weapon and Ohl and Elwood remained at his residence to join in on a party. The men then continued to consume alcohol and began brainstorming an idea to rob their Hamilton friend’s landlord, but decided against it.
After the two suspects left the party, Ohl said, “We stopped at a house by the railroad tracks. The lights were on, we saw a car, so we went to another, except this time we saw no lights or any cars.”
Ohl claimed it was Elwood’s idea to rob the house and that he was the one carrying the shotgun used in the attack.
“Joe slammed through the door with his shoulder and I went right to the left to an empty room. The lights were off. I started walking down the hallway and saw a woman with a phone. When I went to grab the phone, Joe came up and hit the woman. We picked her up off the floor and brought her into another room, a bedroom,” said Ohl.
“Joe kept asking ‘what are we gonna do with her’- with the woman. I thought he meant that he wanted to kill her. I wanted no part of that and I think he could tell because of the expression of my face, so instead Joe said that we could rape her and that’d keep her from saying anything.”
Ohl then described how he molested the 58-year-old woman but failed to rape her because he was unable to go through with it.
District Attorney Joseph McBride asked, “ He (Elwood) was over the woman with a gun, is that right, while the rape took place?” Ohl replied, “Yes.”
Ohl pleaded guilty to two class B felonies, first degree criminal sexual act and first degree robbery. He will appear for sentencing Dec. 10 at 11 a.m.
Public Defender Alan Gordon said, “Mr. Ohl has a lot to say in the way of an apology. This was not the time for it, but at sentencing expect further remorse.”
Elwood appeared briefly in court to reaffirm his intention to go to jury trial despite the development Ohl turning against him.
He will appear at the county courthouse Monday afternoon for jury selection and then trial. He is accused of predatory sexual assault (Class A-II felony), first degree burglary (Class B felony), first degree rape (Class B felony), first degree robbery (Class B felony), first degree criminal sexual act (Class B felony), first degree criminal use of a firearm (Class B felony) and petit larceny. If found guilty, he could spend the rest of his life in prison.