SUNBURY - A 59-year-old Gowen City man charged with raping a 9-year-old boy in 2010 was granted immediate parole Monday morning at his sentencing because he had already served his minimum sentence of 11 1/2 months in Northumberland County Prison.
Russell Alexander Carl, formerly of Shamokin, who pleaded no contest Nov. 4, 2011, to a felony offense of statutory sexual assault and a misdemeanor of indecent assault, was sentenced by Judge William H. Wiest to 11 1/2 to 23 months in the county jail on the felony charge and two years of consecutive probation on the misdemeanor. He also was ordered to pay $300 in fines plus an assortment of fees and costs.
But since Carl, who was released from prison on unsecured bail the same day he entered his no-contest plea, had previously served 452 days in jail (more than his minimum sentence), the judge had no choice but to grant the defendant immediate parole.
Wiest ordered Carl to avoid all contact with the victim and other minors without approval from his adult probation officer.
Carl, who appeared in court on crutches following surgery on his right foot that requires him to wear a boot, was represented by Northumberland County Public Defender Michael Romance.
County Assistant District Attorney Ann Targonski, who prosecuted the case, said Carl underwent an evaluation by the Sexual Offenders Assessment Board, which determined he was not a sexually violent predator.
"The plea agreement was based upon the quality and quantity of evidence in the case," Targonski said. "There was no physical evidence and we were relying solely on the statements of the victim."
Carl was charged Aug. 5, 2010, by Coal Township Detective Jeff Brennan with raping a 9-year-old boy on June 12, 2010, in Coal Township. The rape was reported to police by the victim's mother on June 16, 2010.
His initial bail was set at $100,000 cash, but had been reduced a couple times. Carl was unable to post bail prior to his pre-trial hearing on Nov. 4.
The statutory sexual assault charge carries a maximum penalty of 10 years imprisonment, while the indecent assault charge has a maximum penalty of five years in jail.
Additional charges of rape of a child, involuntary deviate sexual intercourse with a child, aggravated indecent assault of a child and sexual assault weren't prosecuted as part of the plea agreement.