ASHLAND — An elderly Amish man is going to prison for the sexual assault of three young girls, Ashland County Common Pleas Judge Ron Forsthoefel determined Wednesday.
Joas Swartzentruber, 75, of West Salem, was sentenced to serve five years in prison for committing two counts of gross sexual imposition and one count of unlawful sexual conduct with a minor — all third-degree felonies.
Swartzentruber, initially charged in February with nine counts of sexual crimes, including rape, pled not guilty. He then changed his plea to guilty in August, after reaching a plea deal.
His court-appointed attorney, David Wick, said during last week’s sentencing hearing that his client admitted his wrongdoings and that the victims’ families indicated forgiveness.
“My client has been subject to shunning,” Wick said, emphasizing the gravity of the action within the Amish community. “This is a very serious action within his community — within his religion.”
Wick asked the judge to consider community control instead of imprisonment.
Ultimately, Forsthoefel declined Wick’s request for community control. But he also declined Ashland County Prosecutor Chris Tunnell’s plea for Swartzentruber’s penalties to run consecutively, which would have extended the Amish man’s imprisonment to 15 years.
In his argument for the punishment to run consecutively, Tunnell characterized the nature of the crime as “serious,” and involved the sexual assault of girls aged 10, 12 and 13 by luring them with candy.
“He lured them with candy and told them not to tell,” Tunnell said, addressing Forsthoefel.
The prosecutor then described each offense in vivid detail, prompting the crowd gathered in the courtroom to fall silent.
Swartzentruber, donned in an orange jumpsuit, positioned his head low as he stared toward the floor during the entire hearing — only repositioning when speaking quietly with his attorney.
“Anything short of a prison sentence, in the state’s humble opinion, would demean the seriousness of this offender’s conduct and its impact upon the victims,” Tunnell said.
He said “justice is, and should be, blind” to a person’s background.
Forsthoefel agreed with Tunnell’s assertion. Further, he said he appreciates the Amish community’s attempt to prevent further harm to Swartzentruber’s victims and noted he can take those efforts into account when considering a sentence.
“But I can’t overcome those seriousness factors, in the fact that here’s a grandfather molesting three grandchildren. And while the parents are reporting the kids appear to be OK, I don’t know that I have anything in front of me that says that’s true,” Forsthoefel said.
The judge said he does not think Swartzentruber poses a risk to the public because of the Amish community’s involvement in the matter.
When asked if he had anything to say, Swartzentruber offered a remorseful statement.
“The only thing I have to say is …” he said with a shaky voice, pausing to gather his composure. “I am very sorry this had to happen.”
In an interview after the hearing, Tunnell said he appreciated the judge’s sentence.
“We spoke with one of the victim’s families. They’re happy. They’re appreciative it was taken seriously, that their girls were listened to. We had requested consecutive sentencing, the court declined to do that. The court gets to make those decisions … we put our best foot forward,” Tunnell said.
Swartzentruber, like all prisoners, is eligible for a prison-reduction program. The program would allow him credit against his sentence for time already spent in jail.
Tunnell said Swartzentruber has spent 251 days in jail. If Swartzentruber completes certain requirements, he could be released in four years.
When asked by a reporter if he thinks that’s enough time for Swartzentruber, Tunnell said: “He’s spent 75 years in the Amish community … the prison system is going to be some seriously hard time for this guy.
“Is it enough? That, I mean — that’s up to him. I’ve seen some where it’s more than enough, and some when decades is not enough. It depends on his attitude.”
