A veteran Air Force reservist will learn his fate in federal court today where prosecutors will argue he needs to spend more than seven years in prison for having sex with an unconscious woman he supervised at Wright-Patterson Air Force Base.
The Dayton Daily News reports Kyle Jordan, 31, an Air Force veteran who served in Iraq and Korea and one-time Butler County corrections officer, is scheduled to be sentenced today in Dayton’s U.S. District Court. He has been on electronic home monitoring for nearly a year and a half.
Jordan pleaded guilty in January to sexual abuse in exchange for other charges to be dismissed. According to the Dayton Daily News, the deal caps Jordan’s potential sentence at 87 months — or 7 years and 3 months — for a charge that has a statutory sentencing range of zero years to life in prison.
Jordan’s non-binding advisory sentencing range was calculated at 87 to 108 months.
Prosecutors outline their justification for a full-term sentence in the sentencing memorandum.
The Dayton Daily News reports the prosecutors’ sentencing memorandum contends Jordan deserves that term of imprisonment because he had a position of authority over the victim, he lied to Air Force investigators and then obstructed justice by asking a friend to lie about where Jordan slept — then asked that friend to delete his text request.
In their sentencing memo, defense attorneys wrote Jordan initially denied he had sex with the woman because “extreme intoxication” led to Jordan’s memory loss about the event. The Dayton Daily News reports Jordan admitted to the crime only after being confronted with his DNA evidence, the memo said.
It appears not only did Jordan not ‘remember’ his grotesque crime; it appears he also forgot about his pregnant wife.
According to the Dayton Daily News Jordan’s attorneys also contend that while he did ask a friend to lie about where he stayed the night, he didn’t know what he had done, but did know that “he woke up in a hotel with a young girl from his unit and no one else was there, which would certainly not look good to Defendant’s 9-month-pregnant wife who was elsewhere that night.”
Jordan’s legal team doesn’t dispute Jordan asked a friend to lie writing in the memorandum, “it strongly appears here that Kyle was attempting to cover up an overnight situation that looked bad (he and another woman alone in a hotel) instead of covering up a rape.”
Defense attorneys for Jordan are also asking the federal court to ignore three, additional alleged sexual assault victims of his stating their statements are shrouded in “irrelevance, benignity, and complete lack of corroboration.” Jordan was not charged in any other case.
According to the Dayton Daily News, Jordan’s attorneys argue their client has exhibited model behavior on pretrial home detention, he has stopped heavy alcohol use, is a veteran, a good father of 9- and 1-year-old sons and has employment lined up if he receives probation instead of prison.
The defense attorneys included in their memorandum 19 letters of support from Jordan’s family and friends. The mother of his 9-year-old asked for mercy.
Friends and relatives point to Jordan’s 12 years of military service, his honorable discharge, parenting skills, work ethic, loyalty and ‘high character’ as reasons Jordan shouldn’t receive a long sentence, according to the Dayton Daily News.
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