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Guilty plea in sex crime

Published July 06. 2019 06:30AM

One of the four men accused of sex crimes involving a 13-year-old boy from Tamaqua entered a guilty plea Wednesday in Schuylkill County Court.

In a negotiated plea, Charles Raymond Joy, 59, of Port Carbon, pleaded guilty to indecent exposure and indecent assault of a person less than 16, said Assistant District Attorney Michael Stine. Joy had also been charged with statutory sexual assault, indecent sexual intercourse and corruption of minors; those charges were dropped.

President Judge William E. Baldwin sentenced Joy to 3 to 23 months on the indecent exposure charge, and three years on probation, to run consecutively to the prison sentence. Joy also got 3 years on probation on the indecent assault charge, to run concurrently with the other probation term.

“We didn’t want to put the victim through a trial and with the consent of the victim’s family, we spared him (the victim) having to testify,” Stine said. “It’s important to note that with the guilty plea to those charges, Joy will have 25 years of Meghan’s Law registration.”

Joy is also a first-time offender, although he does have a conviction for selling/furnishing liquor to minors from 1995.

The arrests of the four men began with the arrest of Dale Schimpf, 71, of Frackville, in February 2019. Schimpf is a music educator at Nativity B.V.M. School, Pottsville. Tamaqua Police Corporal Thomas Rogers investigated that case, and through that investigation other participants came to light — Matthew Delgado, 28, and Brad Daniel Murphy, 26, both of Tamaqua, and Joy. Delgado, Murphy and Joy were subsequently arrested on felony counts of statutory sexual assault of a victim between the ages of 11 and 16, involuntary deviate sexual intercourse of someone less than 16; along with misdemeanor counts of indecent exposure, corruption of minors and indecent assault of a person less than 16. The defendants contacted the victim through a cellphone dating app called Grindr.

Schimpf and Delgado remained incarcerated in Schuylkill County Prison. Schimpf successfully had his bail conditions changed from $100,000 straight cash to 10 percent of $100,000; but he has been unable to post bail. Delgado’s bail is set at $50,000 cash. Murphy’s bail was set at $50,000 straight cash which he posted March 15. No date has been set for pretrial conferences for the three men.

Joy was represented by Attorney Joseph Nahas of Frackville. Delgado is represented by public defender William Burke; Murphy and Schimpf are defended by attorney Christine Holman, a former District Attorney for Schuylkill County.

Comments
Three years probation is a slap on the wrist for this disgusting human being. It is not only a disgrace for this innocent victim but an assault on our society as well. Sad to say the least.
Actually if you read the article, the family consented to the deal. They didn't have to. The case isn't dealing with forcible rape, either, and it is not accurate to use the term "innocent victim" with respect to this particular case, though admittedly, he was underage regardless. But as sentencing goes, that isn't the judge's fault. Further, both charges are 2nd degree misdemeanors that, if run consecutively, would amount to a maximum sentence of 4 years. However, judges have to use sentencing guidelines, taking into account prior record and what is called "gravity score." Since his record was relatively clean, sans one minor infraction almost 25 years ago, the gravity score was probably 0, which put the sentence right in line with what state guidelines permit. There are also aggravating and mitigating circumstances in any trial that must be considered. Being underage could be considered aggravating against the convicted, while a deceitful history of the victim could be mitigating. Thus, the judge was following protocol.

You can't blame police, judges, or district attorneys (although they are the ones who work out deals in most cases- they don't have to). Sentencing laws can only be changed in the legislature- they are the ones who developed the minimum and maximum sentences. My own opinion (and most people's) is that sex crimes, particularly against children (anyone under 18) with little regard to circumstances, are among the most heinous crimes and thus should be penalized most severely. But that, unfortunately, is only an opinion that while shared by most, is of little consequence in court, as the law doesn't care about opinions. Only Harrisburg can rewrite the laws and permissible sentences.

Not to mention, if a judge tries to impose a sentence that falls outside of the guidelines, he/she must be careful, as that could be considered a violation of the 8th amendment, and possibly Title 37, if the convicted serves prison time. That ties up the legal system too much. Thus it is more prudent for a judge to follow the guidelines than risk a potentially illegal "rule from the bench."
Just to clarify a little -- a judge does NOT have to go by the guidelines; he/she has to go by the minimums and maximums set by the legislature for each particular crime. The only requirement for the judge to deviate from the guidelines is that he/she state a reason for their deviation. That doesn't sound like an onerous requirement. I don't believe there are any requirements in the law that state the reason for the deviation must be anything. So, a judge could deviate and say give the maximum sentence simple by saying, "I'm deviating from the PA sentencing guidelines because FILL IN THE BLANK." The reason(s) could be anything; "the sky is blue"; "there wasn't enough sugar in my coffee this morning"; or how about, "You're a despicable sex offender."? There is always the possibility of an appeal regardless, but if the law is followed the appeal would not stand. The only reason an appeal would not happen is if the defendant is happy with the sentence. Which brings me to my second point -- You seem to think it is 'prudent' for the judge to follow these guidelines because it will lessen the chance of an appeal, thus saving the court's time (I'm assuming you work for the system). That right there is the main problem with our system. Our system is so out of whack that many times a defendant who is not actually guilty of an offense is better off pleading guilty, and again many times a defendant who is very guilty is let off easily. You say the judge is being prudent, and I say the judge is much more concerned with being expedient than with being prudent. In our judicial system those two words are being blurred when in fact they are very different things; prudence could be simplified as being wise, whereas expedient could equate to easy or convenient. The crux of the problem is that if everyone were to follow the law our courts would grind to an immediate stop. This is directly caused by our society trying to codify, legislate, regulate, control, and decide what is acceptable and unacceptable behaviors in all aspects of our lives. How far is that off from the founders' imagined country of citizens that are free. And, if alive today, what would our founders think of what they had started or what it had become. I can tell you one thing -- they'd be thinking about it from their bunks in some federal penitentiary or Guantanamo Bay in between their sessions of being water boarded till they gave up the names of their co-conspirators, i.e. George Washington, Alexander Hamilton, Benjamin Franklin, John Adams, Samuel Adams, Thomas Jefferson, James Madison, John Jay, etc. I can sure as hell tell you one thing with certainty -- They wouldn't have said, "Yeah, this is what we wanted and imagined our society would be." Did I digress from the sentencing of a child molester? Sorry (not really cause the sheep need to stop being sheep).
This the tragedy of sex crimes against children. It seems that in the vast majority of cases, the family (understandably) does not wish to put the victim through a trial. So, a plea deal is struck. It is not the fault of the judge or prosecutor - it is a very unfortunate consequence of the structure of our judicial system, which of course is driven by our Constitution. We have the right to cross examine our accusers. I would fully expect that perpetrators understand that they stand a pretty good chance of a light sentence, going on probabilities, as they commit their crimes. How can this be changed? I have no answer.

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