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Rape Charges Dropped in Plea Deal

Frank Wyatt Kelly, 38, could have faced life in prison if convicted in the alleged June 13 rape of his Murrieta neighbor.

A parolee who attacked a Murrieta neighbor in her home after helping her unload her groceries was sentenced today to 16 months in prison.

Frank Wyatt Kelly, 38, could have faced life in prison if convicted of two counts of forcible rape and one count each of assault with intent to commit rape, sodomy and penetration causing injury.

However, during a status conference last week before Riverside County Superior Court Judge Dennis McConaghy, the prosecution and defense announced a plea agreement in the case, resulting in dismissal of all of the sex-related charges. Kelly, instead, pleaded guilty to false imprisonment.

"It's one of those cases where, after the preliminary hearing, we took a closer look at the evidence and testimony and decided we would consider a plea agreement," said District Attorney's Office spokesman John Hall. "The defense made an offer of what we thought would be an adequate disposition to the case. We spoke with the victim, and she was happy with the disposition."

The judge certified the plea deal today and imposed the lower-term sentence for the felony conviction, without tacking on any additional time for the defendant's two prior strikes.

The woman, identified only as Jane Doe, testified that she met Kelly on the afternoon of June 13 while unloading her vehicle after returning from a swap meet. She said Kelly was walking past and offered to help, which she accepted.

According to Deputy District Attorney Ed Jensen, the defendant lived in the neighborhood.

The 60-year-old widow testified that the defendant made several sexual advances, but she was not interested.

The woman alleged that Kelly became aggressive and tried to kiss her, at which point she fled to another part of the house -- with him in pursuit.

The victim testified that Kelly raped her, attempting to justify the act by explaining that he had been in prison for years.

The defendant left the house, allegedly returning two hours later and assaulting her again, according to Jensen.

She did not report the alleged assaults right away, choosing to wait until the following day during an appointment with her therapist to disclose the details, Jensen said.

According to court records, the defendant's prior convictions include spousal abuse, assault with a deadly weapon and assault resulting in great bodily injury.

Katie Rucker November 09, 2012 at 11:34 PM
If I were that victim, I wouldn't be happy with that sentencing. He had already been in prison "for years" according to the article, and used that as an excuse to commit this disgusting act. You really think he needs to be let out of prison again after a year and a half more of imprisonment? He's just going to do the same thing again to some other helpless victim! How can you dismiss all sex-related charges when he raped this poor woman twice?! I'm so disgusted.
censored messenger November 10, 2012 at 03:28 AM
hopefully false imprisonment still qualifies for the third strike? This thug woman-beater got away with his sexual domination of Granny with only a little more than a year in prison... Pray for yard justice .... ...
Southwestmom November 10, 2012 at 04:29 PM
I don't think false imprison is a violent offense, thanks to the wisdom of the California voters he'll be out after serving 40% of the time. Shameful!!!
Scott Tucker November 10, 2012 at 07:53 PM
Hey!! What ever happened to 3 strikes??? This dude has a history of violent crime and he gets 16 months for brutalizing an old lady??? What is wrong with our legal system these days? This dude should be locked up forever!! He goes from a life sentence to a slap on the wrist!! Makes me want to puke!
Mr. Logical November 11, 2012 at 03:40 AM
Why cut a deal with this criminal? 16 months for these two acts of violence is not acceptable. That is someone's Mother, and/or Grandmother, and this monster walks into her house and rapes her twice and gets to cut a deal? That's not justice.
Beach mom November 11, 2012 at 07:04 AM
Great Job district attorney!! Lets remember to vote him out when his term comes up for re election! What does murder get you in Murrieta-24 months?
Sandra P November 11, 2012 at 04:29 PM
Disgusting.. Mr. District Attorney, you aren't much better than this criminal.
Vic November 12, 2012 at 12:07 AM
Something doesn't add up. Someone must have really dropped the ball BIG TIME on evidence or testimony for them to let this guy off this easy. Sad that there are so many loopholes in our legal system for scum like this to slither through.
Vic November 12, 2012 at 12:10 AM
I hope you're right. Unfortunately it's guys like this that usually dish it out. No justice at all this time.
sam bradstreet November 12, 2012 at 01:03 AM
Yes Roy (Vic and Dave Peters), you Roy Holmgren got off easy for hurting TWO women. Your spousal abuse charge and 7 restraining orders show justice wasn't done to you. Hey Randon......next time you see Roy at a Council meeting ask him how Jeanette and Brittney are doing.
censored messenger November 12, 2012 at 01:04 AM
No, unfortunately Granny was confused and the DA couldn't prove it wasn't consensual. She was overwhelmed perhaps. This street dog saw a potential opportunity and weaseled his way into her house to "help" her. Then he came back and intended to dominate her further....future sex slave... A ferret-like predator.. and i don't think he has to register as a sex offender...
Vic November 12, 2012 at 01:25 AM
speaking of slithering scum...

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