WEST CHESTER — An East Fallowfield man found guilty earlier this month of having inappropriate contact with a former high school classmate when she was asleep after a night of drinking was sentenced to prison Monday.
Glenn Edward McMinimee will spend nine to 23 months in Chester County Prison on the charge of indecent assault, according to the sentence imposed by Senior Judge Ronald Nagle.
McMinimee, who apologized to his classmate for his conduct and the pain it had caused her, was led from Nagle’s courtroom in handcuffs.
Nagle sad he thought the sentence appropriate, even though the prosecutor in the case, Assistant District Attorney Mackenzie Smith, had asked for a sentence of 11½ to 23 months in county prison, the maximum allowed as a county, rather than a state, sentence.
“Nine months is not an easy sentence for someone who has never been in prison,” Nagle said, referring to McMinimee. He added that he did not think there was a significant difference between that length of time and the 11½ months Smith had asked for.
Nagle noted that McMinimee had been tried and found not guilty of the more serious charges of rape and sexual assault. “The jury exonerated him” of those charges, he said.
McMinimee’s attorney, Assistant Public Defender Susanna DeWese, asked Nagle to keep her client’s prison term at the bottom end of the state’s Sentencing Commission recommendations of between one and 12 months for such crimes. Although he rejected that suggestion, Nagle did allow McMinimee to be eligible for so-called “good time” that could reduce the time he spends behind bars.
McMinimee, 32, was found guilty of the misdemeanor charge stemming from his alleged behavior in the early morning hours of Sept. 1, 2012, at a friend’s home in Honey Brook.
The alleged victim, a 32-year-old Lancaster County woman, testified that she was fast asleep at her friend’s home when she awoke to find someone she later identified as McMinimee having sex with her without her consent. But McMinimee testified that she had agreed to have sex with him after he and one of the woman’s friends gave her what he called a “double snuggle.”
The woman said she was intoxicated and did not remember events clearly, but that she had gone to sleep in an upstairs bedroom with her clothes on. Later, she woke to someone having sex with her, she testified.