Benjamin W. Davis, 25, Brazil, was sentenced in Clay Superior Court Monday with a plea agreement for Count 1, Burglary, a Class B felony, and Count 2, Sexual Battery, a Class D felony.
Davis was arrested April 11, 2002, after the victim notified 911 of an intruder. When they arrived, the victim told police she had been asleep in her bed and awoke about 3 a.m. to find a man standing there. He touched her inappropriately in a sexual manner. She was eventually able to persuade him to leave her home.
Davis was subdued by police that same morning and was in possession of a pry bar and scratch awl. The victim was able to identify him as the intruder from a photo array.
The defendant initially pled not guilty and trial date was set. However, on Monday, Davis and the Prosecuting Attorney entered into an agreement. Davis withdrew his previous plea of not guilty and entered a plea of guilty to Burglary and Sexual Battery.
Davis was sentenced to 10 years at the Indiana Department of Corrections for Count 1 and to 1 1/2 years for Count 2 to run concurrently. The term of imprisonment was suspended with the exception of time served and good time credit if earned.
He was placed on formal probation for a period of one year on the following terms and conditions:
- Defendant must obey all local, state and federal laws.
- He has to meet with the probation officer in a manner prescribed by said officer and follow all probationary requirements including an exit conference during the last month of probation.
- He must pay probationary user fees and fines.
- He must submit himself to sexual abuse counseling and obey all rules and regulation to be done through Hamilton Center.
- He must reimburse the public defender fund.
- He must have no contact of any nature with the victim in this cause.
- He must continue to take medication as prescribed and submit himself to a mental health counselor and/or physician upon release from incarceration.