Mabb guilty of raping a girl and pandering sexually oriented matter involving a minor.
William A. West
JEFFERSON_ The rape case involving the State of Ohio v. Brian S. Mabb, of Geneva-on-the-Lake was resolved in the courtroom of Judge Thomas E. Harris Friday, Jan. 19.
Mabb pleaded guilty to two counts of rape, both first degree felonies, and two counts of pandering sexually oriented matter involving a minor, both second degree felonies. The remaining charges were dismissed because of the plea agreement. The deal stipulated that Mabb would be sentenced to serve 15 years to life and Judge Harris sentenced Mabb 15 years to life in prison. Mabb may be for parole after serving 15 years. Mabb was also classified as a Tier III sex offender. meaning that if he is ever released from prison during his lifetime Mabb would have to register as a sex offender for the rest of his lifetime.
The charges stem from Mabb’s consistent and continuous acts of sexual molestation of a child while she was between the ages of nine and 15. The incidents occurred in Geneva-on-the-Lake between 2009 and 2016. The Geneva-on-the-Lake Police Department, Bureau of Criminal Investigation, and Lake County Children Services Board investigated this case. As part of the investigation, a search warrant was obtained and executed at Mabb’s residence in Geneva-on-the-Lake, and substantial video and photographic evidence was seized. This evidence supported all of the charges filed against him. All of the charges related to the same child victim.
Mabb was arrested on a warrant by officers with the Geneva-on-the- Lake Police Department on March 16, 2017,, and has been incarcerated in the Ashtabula County Jail since his arrest.
The victim’s family on behalf of the victim, along with law enforcement officials, expressed in open court their agreement with the plea agreement.
“I would like to express our sincere appreciation to the Geneva-on-the-Lake Police Department and BCI for their outstanding investigative work in this case,” Iarocci wrote in his press release.
“This is by far the worst case of child pornography and child sexual molestation I have personally seen during my tenure as County Prosecutor. It is our hope that Mabb spends the rest of his life in prison as a result of this sentence. My office will continue to aggressively prosecute persons like Brian S. Mabb to ensure that our community and children are forever protected from pedophiles like him,” Iarocci wrote.
JUDGEMENT ENTRY RE: PLEA/SENTENCING 1-19-18. DEFENDANT BRIAN S MABB PRESENT WITH ATTORNEY WILLIAM P BOBULSKY. DEFENDANT WITHDREW THE FORMER PLEA AND ENTERED A PLEA OF GUILTY OF THE OFFENSES AS CHAJRGED AS FOLLOWS:
COUNT ONE (1) “RAPE” 2907.02(A)(1)(b) F-1;
COUNT TEN (10) “RAPE” 2907.02(A)(1)(b) F-1;
COUNT FIFTY-ONE (51) “PANDERING SEXUALLY ORIENTED MATTER INVOLVING A MINOR”2907.322(A)(1)(C) F-2; AND
COUNT FIFTY-TWO (52) “PANDERING SEXUALLY ORIENTED MATTER INVOLVING A MINOR” 2907.322(A(1)(C) F-2
THE REMAINING COUNTS IN THE INDICTMENT, TO-WIT: TWO (2) THROUGH NINE (9), ELEVEN (11) THROUGH (50), AND FIFTY-THREE (53 THROUGH THROUGH SIXTY (60)ORDERED DISMISSED PURSUANT TO THE NEGOTIATED PLEA TERMS. PLEA ACCEPTED AND ORDERED FILED. ADULT PROBATION DEPARTMENT SHALL PREPARE AND PROVIDE TO THE COURT A POST-SENTENCE INVESTIGATION REPORT. ORDERED FOR THE CONVICTION OF THE FOLLOWING, TO-WIT:
COUNT ONE (1) “RAPE” 2907.02(A)(1)(b) F-1 A TERM OF FIFTEEN (15) YEARS TO LIFE IN PRISON, OF WHICH IS A MANDATORY TERM;
COUNT TEN (10) “RAPE” 2907.02(A)(1)(b) F-1, A TERM OF TEN (10) YEARS TO LIFE IN PRISON, OF WHICH IS A MANDATORY TERM;
SAID SENTENCES SHALL BE SERVED CONCURRENT WITH EACH OTHER.
COUNT FIFTY-ONE (51) “PANDERING SEXUALLY ORIENTED MATTER INVOLVING A MINOR” 2907.322(A)(1)(C) F-2, A TERM OF SEVEN (7) YEARS, OF WHICH ZERO (0) YEARS IS A MANDATORY TERM;
COUNT FIFTY-TWO (52) “PANDERING SEXUALLY ORIENTED MATTER INVOLVING A MINOR” 2907.322(A)(1)(C) F-2, A TERM OF SEVEN (7) YEARS, OF WHICH ZERO (0) YEARS IS A MANDATORY TERM.
THE PARTIES HAVE STIPULATED TO A JOINT SENTENCING RECOMMENDATION OF A MANDATORY FIFTEEN (15) YEARS TO LIFE IN PRISON ON COUNT ONE (1) AND A MANDATORY TEN (10) YEARS TO LIFE IN PRISON ON COUNT TEN (10), A AND A TERM OF SEVEN (7) YEARS ON EACH COUNT TO-WIT: COUNTS FIFTY-ONE (51) AND COUNT FIFTY-TWO (52). ALL TO BE SERVED CONCURRENTLY WITH EACH OTHER, SAID SENTENCING RECOMMENDATION HAS BEEN ADOPTED AND APPROVED BY THE COURT. JAIL CREDIT FOR THREE HUNDRED SEVENTEEN (317) DAYS GRANTED PRIOR TO THIS DATE OF SENTENCING, TO-WIT: 1-19-18. THE COURT HAS NOTIFIED THE DEFENDANT THAT THE SENTENCE IMPOSED AUTOMATICALLY INCLUDES ANY EXTENSION OF THE STATE PRISON TERM BY THE PAROLE BOARD. IN ADDITION OFFENDER MAY TO SUBJECT TO A PERIOD OF FIVE (5) YEARS, OF POST RELEASE CONTROL, AFTER OFFENDER IS RELEASED FROM PRISON. FURTHER ORDERED PRISON IMPOSED NOTICE FORM, ATTACHED HERETO, SIGNED BY DEFENDANT AND COUNSEL ON RECORD, INCORPORATED AND MADE A PART HEREOF. ON THE RECORD DEFENDANT WAS ADVISED OF HIS CLASSIFICATION, TIER III SEX OFFENDER. DEFENDANT FURTHER ADVISED OF HIS REGISTRATION REQUIREMENTS AND WAS VERBALLY AND IN WRITING GIVEN NOTICE SET FORTH IN THE “EXPLANATION OF DUTIES” FORM, A COPY OF WHICH WAS FILED WITH THE CLERK OF COURTS. ANY RIGHT TO BOND TERMINATED. NO MONETARY FINE IMPOSED, AND NO RESTITUTION IS ORDERED. COSTS TO DEFENDANT. DEFENDANT REMANDED TO THE CUSTODY OF THE ASHTABULA COUNTY SHERIFF’S DEPARTMENT FORTHWITH, FOR TRANSPORTATION TO THE APPROPRIATE STATE INSTITUTION. (CC’S TO: SHERIFF, LORAIN CORRECTIONAL INSTITUTION.; TSC’S TO: CHIEF PROSECUTOR, CECILIA COOPER,
NICHOLAS A IAROCCI (Attorneys); ADULT PROBATION DEPT (Other Interested Party); ; WILLIAM P. BOBULSKY (Attorney) on behalf of BRIAN S MABB (Defendant)