CLEARFIELD – The attorney for a Hawk Run man convicted of 30 counts of aggravated indecent assault has filed a motion asking for a new trial.
Ronald Collins, attorney for Wescott Pusey, 41, 171 Telcott St., Hawk Run, argued during Motions Court regarding several problems he had with Pusey’s August trial when a jury found him guilty of involuntary deviate sexual intercourse with a child, and 30 counts each of aggravated indecent assault of a child, corruption of minors, and indecent assault of person less than 13 years of age.
In December Judge Paul E. Cherry sentenced him to a total of 25 to 50 years in state prison.
Collins first discussed a motion for acquittal on the involuntary deviate sexual intercourse because he claims there is not proof of this beyond a reasonable doubt. He then argued that there is no evidence to establish penetration for the aggravated indecent assault charges.
Assistant District Attorney Ryan Dobo responded that the jury found the necessary elements to convict Pusey of all the charges.
As for the motion for a new trial, Collins stated that one of the jurors had to be excused and an alternate juror was selected. Due to a concern of the defense, it was suggested that the second alternate juror was selected instead but this was refused, he said.
Cherry stated that the court had questioned the juror to determine if he/she could be fair and impartial and ruled to keep him/her.
The next complaint from Collins regarded Pusey’s sentence that he called “very harsh” and he added that a man pleading guilty to homicide recently had received a lesser sentence.
Cherry reminded Collins that Pusey had been convicted of multiple counts and that most of the sentences he received on these counts will actually run concurrent with each other. Only four of the counts had consecutive sentences.
Thirty is “an arbitrary number,” Collins said. Cherry noted that he had to sentence Pusey for what he was convicted of and that was 30 counts.
Collins continued to say that Cherry was “hiding behind” the statute and this is why the sentence was harsh. He pointed out that Pusey did not have sexual intercourse with the victim and had only touched her with his hands, not his genitals.
“There was no substantial pain or injury to the girl,” Collins stated.
Cherry pointed out that he had to have penetration, no matter how slight and that Cherry took all this into consideration when he sentenced him.
“He could have gotten much more considering the number of counts,” Cherry said.
Cherry asked Collins to do a brief on his concerns within 20 days after a receipt of the trial’s transcript. After that the Commonwealth will have 20 days to respond to these issues. After reviewing both, Cherry will rule on these motions.
According to a previous article, before Pusey was sentenced, he was determined to be a sexually violent predator.
Prior to announcing the sentence, Cherry referred to Pusey as “sick” and stated that he needed help. He commented that Pusey had violated the sacred trust between an adult and child and noted the girl would have to “live with this forever.”
Pusey himself addressed the court asking Cherry to consider everything he has lost including his family and ministry. He asked for mercy.
According to the affidavit of probable cause, in May of 2014 police began investigating Pusey after receiving a report that he was inappropriately touching a 9-year-old girl while at a residence in Boggs Township.
The victim’s mother told police the girl mentioned to her that Pusey had a dirty habit. When she questioned the girl about this, the victim told her mother that when she watched television with Pusey, he would put his hand down her pants.
She said this had been going on for over a year. On one occasion he came into the bathroom when she was naked and about to get in the shower. He was shirtless and hugged her. When she told him to stop, he said “just give me a couple minutes.”
Two other children told police that they had seen Pusey touching the girl while they watched TV and at other times.