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Fayette jury convicts Charleroi man of indecent assault

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Tuesday, Sept. 3, 2013, 11:06 p.m.
 

A Fayette County jury on Tuesday convicted a Washington County man of indecent assault. His female accuser said she repeatedly told him she did not want to have sex.

Jonathan McDonough, 39, of Charleroi originally was charged with rape, aggravated assault, corruption of minors, endangering the welfare of children, involuntary deviate sexual intercourse and sexual assault in the Aug. 29, 2012, incident. Belle Vernon District Judge Jesse Cramer dismissed those charges during an October preliminary hearing.

McDonough testified in the trial before Senior Judge Gerald R. Solomon on Tuesday, as did his 35-year-old accuser.

The woman, who said she previously had a sexual relationship with McDonough, said she had told McDonough several times that day that she was not interested in sex with him.

According to a police report, she waited two days to report the encounter, out of fear.

Southwest Regional police Lt. Stephen Schwartz testified that McDonough gave him a statement on Sept. 1, 2012. McDonough claimed the woman “came on” to him, according to police.

McDonough said the woman did not protest during a sex act but did say, “I hate you for doing this,” according to the report Schwartz read.

McDonough said he thought she was joking because she did not push him away. He told Schwartz that he did not think police would believe her.

“Did you at any time force yourself on (the woman)?” defense attorney Mike Garofalo said.

“No,” McDonough said.

“We had done that before in the past. We started messing around and ended up having sex,” he said.

“You believed she wanted to have sex with you?” Garofalo asked.

“Yes,” McDonough said.

Questioned by Assistant District Attorney Meaghann Mikluscak, McDonough said he told police that the woman asked him to stop. He said that was a lie, but he gave that statement “because I felt threatened” by a family member of the woman. That person took the stand to deny making any threats.

Garofalo told jurors they needed to determine whether force was used.

“She had told him no earlier in the day. His written statement did not differ ...” Mikluscak said.

The jury deliberated for less than an hour. Solomon revoked McDonough's unsecured $2,500 bond and he was taken to the Fayette County Jail. Solomon set sentencing for Tuesday.

Mary Pickels is a staff writer for Trib Total Media. She can be reached at 724-836-5401 or mpickels@tribweb.com.

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