CLEARFIELD – Clearfield County District Attorney, William A. Shaw, Jr. announced Wednesday that a man charged with rape of a child has been sentenced.
Shaw identified the defendant as 27 year old Jason Paul Erskine of Schoonover Road, Morrisdale. Erskine is currently housed in the Clearfield County Jail pending transfer to the State Prison System.
A criminal complaint filed by Trp. Thomas R. Granville of the Pennsylvania State Police, Clearfield Barracks, charged Erskine with: rape of a child, statutory sexual assault, indecent assault, two counts of indecent exposure and two counts of corruption of minors.
An affidavit of probable cause filed with the complaint provides that Granville was dispatched to the Clearfield Hospital Emergency Room on Dec. 21, 2008, at approximately 4:00 in the morning where a five year old female was being treated for sexual assault. Erskine had been staying at the victim’s home when the assault occurred. During the night, the victim’s mother heard the victim yelling “he’s hurting me”. The mother ran to the victim and discovered the victim without any pants or underwear. Erskine was standing nearby. Also present was the victim’s three year old younger sister. Erskine fled from the residence. Within a short period of time, the State Police located Erskine who was taken into custody.
In a separate case, Trp. Ryan Henschel charged Erskine with: endangering the welfare of children, resisting arrest, and use of noxious substances. The affidavit of probable cause filed by Henschel provides that Erskine was observed parked in a vehicle along Pardee Road in Morris Township along with a 21 year old female and a small child. When Henschel approached the vehicle, Erskine ran from the police. After a short pursuit, Erskine was taken into custody. Henschel discovered a Mountain Dew bottle containing silver spray paint inside the parked vehicle. Erskine appeared to be under the influence of intoxicants. On June 3, 2009, Erskine appeared for the commencement of a jury trial on the charge of rape of a child. However, before opening statements occurred, Erskine elected to plea guilty to the charges. After Erskine tendered a guilty plea, Shaw requested the court to issue an order directing that Erskine undergo an assessment from the State Sexual Offenders Assessment Board.
The Honorable Paul E. Cherry issued the order and Erskine was evaluated to determine if he met the criteria of a sexually violent predator.
On Aug. 27 Shaw filed a motion with the Court requesting a Megan’s Law Hearing. Shaw stated that he was seeking to have Erskine declared a sexually violent predator.
On Dec. 16 Erskine appeared for the Megan’s Law Hearing. When the hearing began, Erskine reported to the Court that he was not objecting to being classified as a sexually violent predator. Cherry then issued an order declaring Erskine a sexually violent predator for purpose of Megan’s Law. Following the Megan’s Law hearing, Shaw motioned the court to proceed with the sentencing of Erskine.
During sentencing, Erskine reported that he was sorry for his crimes. Erskine’s lawyer, Charles Brace of the Public Defender’s Office, argued to the court that Erskine should not receive the maximum sentence because of his sorrow for the crimes.
In response, Shaw pointed out to the court that Erskine was previously incarcerated in state prison and completed Phase I of Sex Offender Therapy. However, Erskine refused to attend or complete Phase II of the therapy and as a result, Erskine was required to serve his maximum sentence of three years incarceration for the crime of corruption of minors. Shaw stated that shortly after Erskine was released from his maximum sentence he re-offended by committing the current crimes.
Shaw asked the court to consider these facts when sentencing Erskine. Shaw further pointed out that as the result of recent changes in the law, the court could sentence Erskine to a maximum prison sentence of 40 years for the crime of rape of a child.
Prior to sentencing, Cherry stated “You need a lot of help sir. This is sick”. Cherry then proceed to sentence Erskine to a minimum of 20 years and a maximum of 40 years incarceration in the State Prison System for the crime of Rape of a Child. On the remaining charges, Cherry again imposed the maximum sentences allowed by law. On the charge of indecent exposure, Erskine was sentenced to a minimum of 16 months and a maximum of 5 years for each count. On each count of corruption of minors, Erskine received a minimum of one year and a maximum of five years
incarceration.
On the second case, Erskine received a minimum of three years and a maximum of seven years incarceration for the charge of endangering the welfare of children. For the charge of resisting arrest, Erskine received a minimum of one year and a maximum of two years incarceration. Erskine received a fine for the charge of use of solvents.
Cherry stated that the sentence imposed was due to the age of the victims, Erskine’s prior record, and Erskine’s refusal to participate in Sex Offender Therapy while incarcerated on a previous sentence.
Following the proceedings, Shaw stated that he was “satisfied with the sentence”. Shaw noted that “Judge Cherry imposed the maximum sentences allowed by law and ran all of the sentences consecutive to each other”. Shaw explained that “the net result of the sentence is that Erskine has received a 30 – 63 year sentence, his maximum is 63 years”. Shaw stated that “in practical terms, this is essentially a life sentence for Erskine. He will likely spend the remainder of his life in prison”.
If Erskine is ever released from prison, he will be subject to the reporting and registrations requirements of Megan’s Law .
Shaw stated that he was extremely pleased with the fine job of Trp. Granville and the State Police. “Erskine had fled the residence and the State Police had him in custody within hours”, Shaw said.
Shaw said that “this was a terrible, terrible crime and Trp. Granville did an excellent job investigating the case and collecting the evidence needed to pursue criminal charges.” Shaw noted that “because of Trp. Granville’s hard work, Erskine elected to tender a guilty plea to the charges”.
