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Last updated on Monday, September 28, 2015
(OOLITIC) - Following sentencing, Oolitic Deputy Marshal Bill Allen will spend 2.5 years on probation.
Allen, who plead guilty in a negotiated plea deal to a Class D felony of dissemination of matter harmful to a minor, was sentenced to two years in prison. However, Lawrence County Superior Court II Judge William Sleva suspended the sentence ordering Allen to spend 2.5 years on probation.
Judge Sleva ordered 1.5 years to be spent on supervised probation, followed by a year on unsupervised probation.
Allen admitted that he provided the girl with a sexual device. The other felony charges of having sexual intercourse, performing sexual deviate conduct and fondling a then 13-year-old girl were dropped as part of that plea agreement.
During the sentencing, Allen's daughter and Oolitic Town Marshal Jon Jefferies both submitted letters to the court regarding Allen's sentence.
Allen's Attorney, Stacy R. Uliana of Bargersville, requested that the felony charge be reduced to a misdemeanor. Sleva rejected the request. Allen addressed the court before the sentence was handed down and said, "I'm sorry for the poor decision I made."
Allen's ex-wife also testified, requesting that the judge drop the Class D felony to a misdemeanor charge saying it would be a financial burden for her and the couple's three children. She claimed that with a Class D felony, Allen could not resume his duties as a police officer and would have a difficult time finding employment. She also told the court that she and Allen, who had been married for 14 years and divorced in August 2014, were recently considering reconciling.
Earlier, she and the victim requested for all charges be dropped against Allen.
However, Prosecutor Stanley Levco, who presented the case for the state, stood firmly that the charge should remain a Class D felony.
"He gave a vibrator to a then 13-year-old which is outrageous," Levco told the court. "And him being a police officer at the time makes it even more outrageous. He pleaded guilty to the Class D felony. He needs to earn the Class A misdemeanor."
Judge Sleva agreed.
"I have to take into account the seriousness of this crime and the fact that he was a police officer," Sleva says. "The legislation has made what he did a crime, and I must take that seriously, and the fact the crime was committed against a child. I agree with Mr. Levco; you have to earn the misdemeanor."
Judge Sleva ordered Allen to have no contact with the victim for 1.5 years unless the victim, the victim's therapist and the victim's mother all agree to a visit. He was also ordered to undergo therapeutic treatment and to complete 20 days on a road crew or performing community service. Allen will pay $183 in court costs and all probation and drug screening fees. His probation will be under the supervision of Monroe County probation because of a conflict of interest in Lawrence County. The $10,000 bond he had paid was released to his attorney and will be held in a trust during the duration of the sentence.
Allen, who was suspended from the Oolitic Police Department, will no longer be able to serve as a police officer.
Under federal law, all individuals who have been convicted of a felony in state or federal court are prohibited from carrying a firearm. This would prohibit the Oolitic Town council from reinstating Allen as a deputy marshal.
However, upon completion of his 1.5 year of supervised probation, he can petition the court to restore his rights and have the charge dropped to a Class A misdemeanor. An individual who has had their rights restored under state law may be eligible to possess a firearm upon successfully petitioning the court for a restoration of rights.
The Crime
Allen turned himself in on November 24, 2014 after a warrant was issued for his arrest. He was booked into the Lawrence County jail and then released after posting 10 percent ($10,000) of a $100,000 bond.
Allen was accused of molesting a then 13-year-old girl between March 2008 and May 2012.
He pleaded guilty to a Class D felony charge of dissemination of matter harmful to a minor in a negotiated plea deal. In the past, Allen has denied those allegations.
According to the girl the abuse started when she was about 10 and happened in a home in Lawrence County.
According to the affidavit, the girl said she had learned about sex in a health class at school and she told Allen she "did not want to do this anymore."
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