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.
