Man to serve six month sentence for sexual crime conviction
NORWICH – Donald J. Mercer, the man who pleaded guilty to rape in the third degree, a class E felony back in July of 2016, was sentenced to serve six months in the Chenango County Correctional Facility when the Chenango County Court convened for an afternoon session on Friday, Sept. 9.
Mercer, 50, of Smyrna, originally faced charges of rape in the third degree, a class E felony; three counts of criminal sexual act in the third degree, a class E felony; and endangering the welfare of a child, a class A misdemeanor.
These charges stemmed from multiple incidents that occurred back in the later months of 2013. It was alleged that Mercer, being over the age of 21-years-old, did engage in sexual intercourse in November 2013; oral sex in September 2013; anal sex in December 2013; and oral sex in January 2014; with a 17-year-old victim. He was also alleged to have knowingly acted in a manor likely to cause injury physically, mentally, or morally to the welfare of a child in September, 2013.
Mercer appeared in court on Friday with his defense attorney Jim Chamberlain. Chenango County District Attorney Joseph McBride represented the people of Chenango County in the case, while Judge Frank B. Revoir Jr. presided over proceedings.
When the sentencing proceedings began, McBride informed Judge Revoir that the victim would like to be heard. She said, “I just wanted to say that even though what he did hurt me, I'm still living my life.”
McBride was the next to speak. He said, “It is inappropriate for a man to have relations with a child. He (Mercer) will have to register as a sex offender and spend the next six months in jail. My hope is that he will be a responsible member of our community when he is released.”
When Mercer was given an opportunity to speak on his own behalf, he said, “I would like to sincerely apologize for any pain that I've caused anyone. I made a serious error in judgement, and that's something I'll have to live with for the rest of my life.”
Before sentencing Mercer, Revoir illustrated that Mercer is also liable for a $50 DNA fee as well as a $375 crime victim fee, which he will be required to pay within nine months of his release. In addition to his six month sentence, Revoir also issued an order of protection in favor of the victim for the maximum allowable time by law.
Mercer executed a written waiver of appeal at the conclusion of proceedings.
Mercer, 50, of Smyrna, originally faced charges of rape in the third degree, a class E felony; three counts of criminal sexual act in the third degree, a class E felony; and endangering the welfare of a child, a class A misdemeanor.
These charges stemmed from multiple incidents that occurred back in the later months of 2013. It was alleged that Mercer, being over the age of 21-years-old, did engage in sexual intercourse in November 2013; oral sex in September 2013; anal sex in December 2013; and oral sex in January 2014; with a 17-year-old victim. He was also alleged to have knowingly acted in a manor likely to cause injury physically, mentally, or morally to the welfare of a child in September, 2013.
Mercer appeared in court on Friday with his defense attorney Jim Chamberlain. Chenango County District Attorney Joseph McBride represented the people of Chenango County in the case, while Judge Frank B. Revoir Jr. presided over proceedings.
When the sentencing proceedings began, McBride informed Judge Revoir that the victim would like to be heard. She said, “I just wanted to say that even though what he did hurt me, I'm still living my life.”
McBride was the next to speak. He said, “It is inappropriate for a man to have relations with a child. He (Mercer) will have to register as a sex offender and spend the next six months in jail. My hope is that he will be a responsible member of our community when he is released.”
When Mercer was given an opportunity to speak on his own behalf, he said, “I would like to sincerely apologize for any pain that I've caused anyone. I made a serious error in judgement, and that's something I'll have to live with for the rest of my life.”
Before sentencing Mercer, Revoir illustrated that Mercer is also liable for a $50 DNA fee as well as a $375 crime victim fee, which he will be required to pay within nine months of his release. In addition to his six month sentence, Revoir also issued an order of protection in favor of the victim for the maximum allowable time by law.
Mercer executed a written waiver of appeal at the conclusion of proceedings.
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