CLEARFIELD – A Grampian man accused of sexually assaulting an autistic girl was in court Tuesday to discuss his plea agreement.
Boeragard Allen Myers, 19, was charged by state police with aggravated indecent assault without consent, aggravated indecent assault while complainant is unconscious, aggravated indecent assault of person less than 16 years old, unlawful contact with minor, corruption of minors, indecent assault person unconscious, indecent assault without consent, indecent assault person less than 16 years old and harassment in relation to an incident April 8, 2017 in Burnside Township.
In March he signed a plea agreement during a pre-trial conference. His attorney, Chris Pentz, filed a petition later to withdraw this plea.
During motions court Tuesday, Pentz said that Myers didn’t understand what he was doing when he signed the agreement.
Pentz asked President Judge Fredric J. Ammerman to allow him to withdraw the plea and add the case back to the trial list.
First Assistant District Attorney Ryan Dobo objected to this because a lengthy colloquy had been done with Myers, that went over any possible questions.
A colloquy usually includes an advisement to the defendant that they will not be able to withdraw their plea.
Ammerman dismissed Pentz’s petition but stated that Pentz can file an amended petition with specific reasons why Myers should be able to withdraw the plea. A hearing will then be scheduled to discuss the case in more detail.
According to the affidavit of probable cause, the victim’s mother contacted police to report her 14-year-old daughter had been sexually assaulted by Myers.
She told investigators that another teen male advised her and her husband that the victim confided in him what had happened to her.
The mother then spoke with her daughter who explained she was sleeping when she woke up to find Myers allegedly shining a flashlight up her shorts. She also reportedly said she could feel him touching her private area.
The girl then ran out of the room and told the teen male what had just occurred.
When police spoke with the girl, she told them the same story but added that when she woke she was confused about what was happening and felt paralyzed because she was not in control.
She tried rolling to her side, but he followed her. Then she got up and ran from the room
In his interview with police, Myers denied touching the girl and shining a light on her private area. He asked for a polygraph test.
Following the test, Myers confessed to using the flashlight to look at her and then touching her, according to the report.
