October 21, 2014

Medina
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Court upholds conviction on sex charge

MEDINA — A Montville Township man accused of raping a teenager will remain in prison following an appellate court’s ruling that upheld his conviction of sexually assaulting another teenager.

Patrick J. Shank, 46, was sentenced last December to six years in prison for having sex with a York Township girl against her will several times between 2008 and 2010 when she was 13 to 15 years old.

Patrick Shank

He was convicted two months earlier on three third-degree felonies: two counts of sexual battery and one count of unlawful sexual conduct with a minor.

The girl and two others said they were friends with Shank’s children. Shank, they said, would give them alcohol at his home and sexually assault them when they stayed overnight.

In the appeal, Shank’s attorneys argued the court erred in allowing testimony from the two other girls, who were not listed as victims in the indictment. The appeals court ruled the testimony was admissible because it showed a “proof of motive, opportunity, intent, preparation, plan, knowledge, identity, or absence of mistake or accident.”

Attorneys also argued that Shank’s conviction should be overturned because there was no physical evidence submitted at trial. The appeals judges said the credibility of the testimony should be decided by the jury, not them.

The same day the jury returned a guilty verdict against Shank, a 22-year-old Montville Township woman went to township police and said Shank had assaulted her. In that case, Shank was indicted on 12 counts of rape, which are first-degree felonies.

The woman said Shank raped her years before the York Township girl.

Shank tried to plead guilty to the rape charges in June, but Medina County Common Pleas Judge James L. Kimbler rejected the plea because he wasn’t comfortable with the terms.

The case is awaiting trial.

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