Pleas to amended charges were entered in Lyon County District Court Tuesday morning during what had been scheduled to be a preliminary hearing for five men originally accused of alcohol-use and sex crimes committed against a young Lyon County woman.
Christopher M. Wecker, Francisco Martinez, Christopher Delahunt, David Lehnherr all entered pleas of no contest to amended misdemeanor charges; Christopher Eagan pleaded guilty to one misdemeanor count.
The original charges had resulted from a 25-page affidavit detailing numerous incidences of alcohol use, sexual activity and, in one case, battery that allegedly took place as various members of the group traveled from house to house during the time period when the crimes took place.
Judge Jeffry Larson accepted all of their pleas and found each guilty of the amended charges. Each man will be required to have drug-and-alcohol and background checks before sentencing.
The original and amended charges and the pleas were:
Christopher M. Wecker
Wecker, 21, pleaded no contest to one charge of battery; the remainder of the charges were dismissed with prejudice, which means they will not be re-filed.
Wecker originally had been charged with furnishing alcohol to a minor, conspiracy to rape; or, in the alternative, conspiracy to rape and rape; or, in the alternative, rape and battery.
Francisco Martinez
Martinez, 19, pleaded no contest to unlawfully hosting minors consuming alcohol, a Class A misdemeanor punishable by a $2,500 fine and one year in jail.
He originally had been charged with furnishing alcohol to a minor and conspiracy to rape; or in the alternative, conspiracy to rape and rape; or, in the alternative, rape.
Christopher Delahunt
Delahunt, 19, tendered a plea of no contest to furnishing alcohol to a minor, in exchange for the state’s dismissing the balance of the charges.
He originally had been charged with furnishing alcohol to a minor, aggravated sexual battery, conspiracy to rape; or, in the alternative, two counts of conspiracy to rape; or, in the alternative, conspiracy to rape and rape; or, in the alternative, rape.
David Lehnherr
Lehnherr also pleaded guilty to one count of furnishing alcohol to a minor, with the balance of charges dismissed by the state.
He originally had been charged with furnishing alcohol to a minor, aggravated sexual battery, conspiracy to rape; or, in the alternative, one count each of rape and aggravated criminal sodomy; or, in the alternative, three counts of aggravated criminal sodomy and one count of rape; or, in the alternative, two counts of rape; or, in the alternative, one count of rape.
Christopher Eagan
Deviating from the plea arrangements of the other defendants, Eagan, 22, pleaded guilty to one count of unlawfully hosting minors consuming alcohol, a Class A misdemeanor.
Eagan’s original charges were furnishing alcohol to a minor and conspiracy to rape; or, in the alternative, conspiracy to rape and rape; or, in the alternative, three counts of rape.
See Wednesday's print or online Gazette for details on the cases.
emporian (anonymous) says...
I don't believe there is much faith in the Lyon County Attorney's Office from many people.
July 6, 2010 at 2:58 p.m. ( permalink | suggest removal )
railroadhorn (anonymous) says...
I agree FarmRaised. What happened here is that there are no rape convictions or rape conspiracy only one battery conviction. An explanation is warranted.
July 6, 2010 at 3 p.m. ( permalink | suggest removal )
neighbor (anonymous) says...
Wow, what a change in charges. I have to wonder how it will affect their future behaviors and their futures.
July 6, 2010 at 3:33 p.m. ( permalink | suggest removal )
mythoughts (anonymous) says...
So...was there a rape or not? If so, then they get away with it? What the heck?
July 6, 2010 at 4:28 p.m. ( permalink | suggest removal )
Tell (anonymous) says...
Its time to clean out the Lyon County Attorneys office. Once again making serious charges but can't back it up.How about alittle research before making these kind of serious charges.
July 6, 2010 at 4:59 p.m. ( permalink | suggest removal )
JustWondering (anonymous) says...
I want to know who their attorney is. If I ever get into trouble with the law I want someone who can get multiple counts of rape, conspiracy, battery, etc. reduced to misdemeanor furnishing alcohol to a minor. How could any prosecutor fall for such a plea bargain (only a bargain for the offenders, NOT the judicial system)?????
"The state did not compromise much" looks to me like they gave away the farm.
July 6, 2010 at 5:09 p.m. ( permalink | suggest removal )
jamesbordonaro (James Bordonaro) says...
As a criminal defense attorney in Emporia, it has been my experience that the attorneys and support staff within the County Attorney's Office maintain a high degree of professionalism.
By their nature, (often involving conflicting testimony and little physical evidence) sexual offenses are difficult to prove from the prosecution's standpoint and are difficult to defend against for similar reasons. In my experience, the prosecutors do a very fine job of protecting the public and exercising discretion in pursuing the high volume of cases submitted. And, while Emporia is also fortunate to have an experienced Victim's Advocate program to help those who have been traumatized, given the inherent difficulty in prosecuting sexual offenses, there will always be cases where the guilty go free but that is the price of living in a democracy.
A central tenant of our democracy is that the one is innocent until proven guilty so let's also keep in mind that these men, despite the initial charges, should not be "retried" in the court of public opinion.
I will not comment on the plea bargains because I don't know anything about the case beyond what's been reported in the Gazette. However, all commentators and pundits are free to head down to the Courthouse and ask to review the pleadings so they might make a more informed assessment of the case.
July 6, 2010 at 11:37 p.m. ( permalink | suggest removal )
Tell (anonymous) says...
Maybe before they charge people they should do a little investigating to see if there is enough to warrant the charge. Don't charge first investigate later if you don't have enough information to charge don't. when will they learn.
July 7, 2010 at 4:10 p.m. ( permalink | suggest removal )
Steve_Corbin (anonymous) says...
where were the parents 5 or10 years ago?
July 7, 2010 at 8:03 p.m. ( permalink | suggest removal )
Steve_Corbin (anonymous) says...
ohnevermindittakesavillageandthe\villagefailed.
July 7, 2010 at 8:05 p.m. ( permalink | suggest removal )
kansasprincess7 (anonymous) says...
i completley agree farmraised. i know bud, david and chris all VERY well.
July 13, 2010 at 2:18 a.m. ( permalink | suggest removal )