SUNBURY - A 70-year-old Trevorton man charged with sexual-related offenses involving a 14-year-old boy was sentenced Monday afternoon to 30 days to 12 months in Northumberland County Prison and given three years of intermediate punishment, including six months of house arrest.
Willett Edgar Earnest, of 345 S. Coal St., received the sentence that also included an order by Northumberland County President Judge Robert B. Sacavage to pay $1,000 in fines and an assortment of costs.
The judge's ruling came after the defendant's attorney presented character witnesses and said her client had received 30 letters of support, while the prosecution noted an eight-page petition from Trevorton residents requesting the maximum sentence had been submitted to the court.
Earnest, who began his sentence immediately, was given credit for two days previously served in the county jail.
Earnest, who doesn't have a prior criminal record, pleaded guilty to first-degree misdemeanor offenses of indecent assault and corruption of minors on May 26, the same day he was scheduled to go to trial.
He was given the prison sentence on the indecent assault charge and sentenced to undergo the intermediate punishment supervised by the adult probation department on the corruption of minors offense. The sentences will run concurrent to each other.
A felony charge of solicitation to commit involuntary deviate sexual intercourse and an additional misdemeanor count of indecent assault were withdrawn at sentencing.
The incident
Earnest was charged by Trooper Kevin Kearney of state police at Stonington with allowing a 14-year-old boy to drive his car in exchange for sexual contact.
According to a criminal complaint filed Feb. 9, 2010, Earnest committed the offenses with the boy at his home between 2:30 and 2:45 p.m. Dec. 27, 2009.
The complaint states the victim, who was employed by Earnest to do part-time work, was taken to lunch by the defendant, who allowed the boy to drive his Mustang after lunch.
Upon returning to Earnest's residence, the defendant told the victim he would allow him to have his Mustang until he turned 16 years of age if he performed sexual acts with him.
Police said Earnest and the victim then went upstairs, where the defendant allegedly grabbed the boy's buttocks and groin before the victim kicked Earnest and ran downstairs and outside the home. The victim then planned to go home, but Earnest reportedly convinced him to allow the defendant to drive him home by allowing the boy to drive part way.
Police reported Earnest told the victim he was sorry and urged him not to tell anybody about the incident.
The victim reported the incident to police on the same day it occurred.
Probation sought
Earnest was initially committed to Northumberland County Prison in Sunbury in lieu of $100,000 cash bail, but later posted bail.
The standard sentencing range for each offense is probation to a minimum of nine months incarceration.
Each charge carries a maximum penalty of five years imprisonment and $10,000 fine.
Earnest's attorney, Karen Gwyn Muir of State College, was seeking probation for her client, but understood Sacavage's sentence. "He could have gotten a worse sentence," she said.
Family members of the victim declined comment after sentencing.
Support, petition
Prior to sentencing, Earnest told the court he was sorry for his actions and apologized to the victim and his family. He noted his actions were a one-time occurrence and will not be repeated in the future.
Muir pointed out that Earnest received 30 letters of support from friends and has cooperated throughout the investigation and criminal proceedings. She also noted her client was found not to be a sexually violent predator after undergoing an evaluation by the Sexual Offenders Assessment Board.
The defense attorney said Earnest was a high school rifle coach for 30 years and had a positive influence in helping his shooters qualify for the Junior Olympics. She said her client, who also was involved with the Boy Scouts, moved to Trevorton a few years ago after retirement. She said he worked for U.S. Steel in Bucks County for 23 years.
Muir presented Earnest's wife, Billie Jo, who reportedly is very ill, his daughter, Elisha Robertson, of New York, and one of his rifle shooters, Leo Funk, an Eagle Scout from the Sunbury area, as character witnesses.
Robertson called her father a "role model" who taught his shooters respect, honor and honesty. Billie Jo Earnest said her husband had a positive influence on many people over the years and commended him for his strong work ethic and sportsmanship in high school rifling.
Funk commended the defendant for helping him get accepted to the U.S. Military Academy at West Point, N.Y.
Assistant District Attorney Melissa Norton, who was representing the commonwealth at sentencing for Assistant District Attorney Ann Targonski, told Sacavage an eight-page petition signed by Trevorton residents had been submitted to the court requesting Earnest receive the maximum penalty under the law.
Norton also pointed out the seriousness of the offenses and the young age of the victim.
Just before sentencing Earnest, Sacavage said, "These are significant charges involving a 14-year-old boy. The court's purpose is to find the proper balance to symbolize the appropriateness of the offenses."