A man who got drunk then entered a woman’s trailer and tried to have sex with her while she was sleeping was sent to prison Thursday.
Robert P. Snell, 44, of 920 Anchorage Road, lot 93, Warsaw, appeared in front of Kosciusko Superior Court I Judge David Cates Thursday and was sentenced to 2-1/2 years in the Indiana Department of Corrections for a Level 6 felony sexual battery conviction. One year of that is suspended to formal probation.
Snell was arrested Sept. 3 after a woman told police she was with Snell at a cookout and Snell had been heavily drinking and walked away. While others at the cookout left on foot to look for Snell, she went home and went to bed. When she woke up, according to court papers, a strange man was on top of her having sex with her.
The woman grabbed her rifle from her headboard, shoved it into his chest and told him to get off of her. Court papers state the man grabbed his trousers and headed down the hallway as she followed with a rifle in his back. It was then the woman realized the man was Snell – her friend – and told police she did not invite him into her home.
Kosciusko County Chief Deputy Prosecuting Attorney Brad Voelz said Snell has a history of substance abuse since he was a young child.
“You are responsible for the things you do when you’re drunk,” Voelz said. “Morally responsible, legally responsible.”
Snell’s attorney, John Barrett, said a mitigating factor for Cates to consider is that Snell has sole custody of his 6-year-old son and it would cause undue hardship on his child if Snell were incarcerated.
“Robert dropped his child off at school this morning,” Barrett said. “I’m not sure who’s going to pick the child up after school today.”?
Snell said he is no longer drinking, has enrolled himself and his son into counseling at the Bowen Center and that he is remorseful for his actions because he ruined his friendship with his best friend of 30 years.
Included in Snell’s pre-sentence investigation report were four letters of support from his employer.
“You yourself referenced your son four times when you just talked to me,” Cates said. “But you were not thinking about your son when you committed this act. Don’t tell me now that your son should be a mitigating factor.
“Mr. Voelz was right. You’re responsible for your actions when you’re drunk. And you’re responsible for your actions when you’re not drunk,” Cates said.
Snell will be able to serve his sentence through work release if he’s accepted to the program, however, his attorney said as of now he’s been denied.