The Herald, Sharon, Pa.

Local News

July 10, 2009

Man gets 8 to 16 years for sexually assaulting two girls

By Matt Snyder

MERCER — A Jefferson Township man will spend 8 to 16 years in prison for sexually assaulting two girls, who were 12 and 15 years old respectively.

“I’m sorry for what I did to the two girls and I’m ready to take my punishment,” Ernest J. Smither said in court Friday.

Smither, 39, 1101 S. Lake Road, Lot 241, pleaded guilty to felony involuntary deviate sexual intercourse and statutory sexual assault in two cases.

Police said Smither sexually assaulted a 15-year-old girl in his home, forcing her when she refused, and then laundered her clothing afterwards. He told her to shower and said if she ever talked about the assault, he would “cut up her horse.”

They said he also sexually assaulted a 12-year-old the day before, Aug. 29, waking the girl at 4:30 a.m. while she spent the night at a friend’s house. Smither touched her and engaged in sexual acts. The girl told police she was paralyzed with fear and when Smither asked if she liked it, she said “no.”

The girl said she was shaking and crying after he stopped and she left in the morning. Smither also allegedly offered her alcohol.

According to police, Smither admitted to touching the 12-year-old. He also told them he is diabetic and during sugar attacks he doesn’t remember things well. Police said he blamed the sexual assault on his diabetes during an interview.

At his sentencing, Common Pleas Judge John C. Reed asked Smither if he had anything more to say. “Just, I need to get some help and stuff like that,” Smither said.

Defense Attorney J. Jarrett K. Whalen said his client had no prior record, confessed, cooperated, and saved the victims the trauma of testifying. He also said Smither did not use force, and also suffers from slight mental retardation and high blood pressure, among other conditions.

Besides his prison time, Smither will also serve eight years’ probation and must register as a sex offender for the rest of his life, said Reed. He was not, however, designated a sexually violent predator.

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