The victim of a December 2015 sexual assault at Wright-Patterson Air Force Base mockingly thanked Kyle Jordan during Thursday’s sentencing hearing.
Jordan, 32, pleaded guilty 11 months ago in Dayton’s U.S. District Court to one count of sexual abuse for having sex with an unconscious woman he supervised at a Temporary Lodging Facility (TLF) during a gathering after both drank alcohol the day of a Christmas party two years ago.
U.S. District Court Judge Walter Rice scheduled Jordan’s sentencing for Dec. 27.
The woman, younger than 21 at the time of the incident, thanked Jordan for her anxiety, major depression, voices in her head that won’t go away, suicidal thoughts and that she no longer likes Christmas parties.
“I was not as strong as what I am today,” said the woman, identified only by initials in court. “I’m glad I stood up and gave others the strength to stand up.”
The woman said she wasn’t sure about going forward with charges because she didn’t want to ruin somebody’s life, but that little did she know her life had been changed forever.
“I want to thank my family more than anything,” she said, her voice shaky. “I’m very proud of everything I’ve done since this.”
The plea agreement Jordan has with prosecutors stipulates a sentence of up to 87 months (7¼ years) in exchange for other charges to be dismissed. The maximum sentence for committing this federal crime is up to life in prison.
Defense attorney Brock Schoenlein said the government is trying to add enhancements that could allow Rice to add to Jordan’s sentence.
In a sentencing memorandum, prosecutors wrote that Jordan denied engaging in a sexual act, that Jordan asked a friend by text to lie by saying the friend stayed at the TLF that night and then asked him to delete the text.
“They have to show that the purpose of that was to misguide or obstruct the federal investigation,” Schoenlein said of his client, whose fiancé was a few weeks away from giving birth to their child. “If he sent the text messages to cover his social situations, that doesn’t make it.”
Prosecutors had written that Jordan had sex with a woman “who was incapable of appraising the nature of the conduct” after a night of heavy drinking during a Christmas party in December 2015.
Jordan, an Air Force veteran and reservist who served in Iraq and Korea and was a one-time Butler County corrections officer, said Thursday that he admitted the crime after prosecutors presented physical evidence.
“Once the government showed me proof of my DNA (inside the victim), I had no other choice,” Jordan said. “I have no reason to dispute what she said,” he said, adding that he decided to “accept the guilty plea because I do believe that is wrong.”
Schoenlein said his client “doesn’t remember what he is alleged to have done” and therefore he didn’t lie to investigators.
Thursday’s hearing included testimony from investigators from the Air Force and Federal Bureau of Investigation plus the victim’s statement.
Assistant U.S. attorney Amy Smith declined to comment but she said she and/or the victim’s family may make a statement after Jordan is formally sentenced.