December 19, 2014

Medina
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Judge refuses deal in man’s second sex assault case

MEDINA — Medina County Common Pleas Judge James L. Kimbler rejected a plea deal Tuesday that called for four additional years in prison for a convicted sex offender charged with raping a teenage girl.

Patrick J. Shank, 45, of Montville Township, already is serving six years in prison after being convicted in October of sexually assaulting another teenage girl.

In the new case, Shank is charged with 12 counts of rape, first-degree felonies punishable by up to 11 years in prison each.

Patrick Shank

As part of a plea deal, six counts would be dropped and Shank would be sentenced to 10 years in prison, to run simultaneously with his previous sentence.

County Assistant Prosecutor Scott Salisbury told the judge at the hearing Shank also would waive his rights to appeal sentences in both cases and would be unable to apply for early release, formerly known as “shock probation.”

The early release condition is where Kimbler got hung up.

Kimbler said he was concerned Shank still might be able to apply for early release.

“I’m not comfortable with this, and under Criminal Rule 11, I do not have to accept the plea,” Kimbler said.

Kimbler said he couldn’t remember the last time he denied a plea deal this late in a case.

The judge suggested more guarantees be included in a plea deal.

The prosecutor said he was willing to modify the plea deal, but Shank’s attorney, John Powers, declined.

The rejection of the plea deal means Shank faces trial, which Kimbler scheduled for July 8.

Shank is accused of raping a 22-year-old Montville Township woman, who went to police on Oct. 26 — the same day a jury convicted Shank of sexually assaulting a 17-year-old York Township girl several times when she was between 13 and 15 years old.

The Montville woman said Shank raped her several times between 2003 and 2005 when she was 13 to 15 years old.

At his sentencing hearing on the first case, Shank was labeled a Tier III sex offender, meaning he must register with the sheriff’s office where he lives every three months after his release for the rest of his life.

Contact reporter Nick Glunt at (330) 721-4048 or nglunt@medina-gazette.com.