CLEARFIELD – A former Clearfield man once accused of sexual assault, pleaded guilty to lesser charges during sentencing court Monday.
In March of 2022, Clay A. Bierly, 49, whose address is now listed as Hollidaysburg on court documents, was charged with multiple crimes including false imprisonment and unlawful restraint. These charges were dismissed after a preliminary hearing on April 6, 2022.
However, Bierly was still facing felony counts of aggravated indecent assault, sexual assault and misdemeanor indecent assault for his alleged actions on Jan. 22, 2022 at a Clearfield Borough residence.
On Monday he was before Judge Paul Cherry to plead guilty to misdemeanor recklessly endangering another person.
Cherry questioned why this case was not being classified as a domestic incident.
First Assistant District Attorney Leanne Nedza explained that the plea included a condition that the case would not get that specification, which would require Bierly to surrender all his firearms. She also mentioned that the victim agreed to the case being resolved this way.
Cherry responded that being a domestic incident or not, is not something the Commonwealth can negotiate. He stated that he would not accept the plea without that designation on the case.
William A. Shaw Jr., attorney for Bierly, asked what evidence there was to establish this as a domestic situation, and Cherry responded that the affidavit was enough.
After Shaw spoke with Bierly, they agreed to accept the plea with the domestic incident additional restrictions.
Cherry sentenced Bierly to two years probation. He was ordered to have no contact with the victim and to complete a counseling program.
The affidavit in this case starts with Bierly walking into the Clearfield Borough Police Department to report that he had been assaulted. He was observed with blood on his nose.
“Bierly also pointed out that he was bleeding from his ear and that he had a scratch on his stomach,” it says in the criminal complaint.
When the woman he claimed assaulted him was contacted by authorities, she was at the Mount Nittany Emergency Department for treatment of her injuries.
She reported that the two had been arguing all day and he sexually assaulted her, which was why she hit him.
Another witness at the home corroborated her story of Bierly dragging her upstairs into a bedroom where the witness could hear the victim crying.
This witness also stated Bierly threatened to the kill the victim and noted that he would hide both her phone and keys when they were fighting.
The victim had injuries to the right side of her neck, right shoulder, arms, wrists, hands, inner thighs, buttocks and her private area, according to the report.
