Sex offender back in prison

Girl accuses man of rape, yet he’s only charged with contributing to unruliness of a child
Alex Green
May 15, 2014
A convicted sex offender released on parole last summer returned to prison recently because he repeatedly contacted a teenage girl, according to an Ottawa County deputy’s report.
 
The girl also told investigators the man raped her in January, although the Ottawa County prosecutor’s office never filed rape charges against him. 
 
It’s unclear why that decision was made, as county prosecutor Mark Mulligan did not return multiple phone messages seeking comment.  
 
Instead, McClain Durst, 25, of Sandusky — who has a history of sexual misconduct against girls — was charged with contributing to the unruliness of a child. He waived his right to a parole board hearing and accepted 150 days in prison, according to his Erie County parole officer Catherine Hastings. 
 
Durst’s first prison stint stemmed from sex crimes in Sandusky and Seneca counties. About four years ago, he was indicted in Sandusky County on three counts of unlawful sexual conduct with a minor and, in Seneca County, one count of the same offense. 
 
He was sentenced to 52 months in prison. He started his sentence on Jan. 29, 2010, and was released on parole on June 21, 2013 — about 11 months early, according to the Ohio Department of Rehabilitation and Corrections. 
 
In early February, Ottawa County deputies caught wind of the latest incident, after the girl’s friends told a school resource officer that the girl said Durst raped her. The officer contacted Oak Harbor police, who in turn asked deputies to investigate.  
 
The 17-year-old girl met with Ottawa County Deputy Amy Gloor, whose report the Register recently obtained after making a public records request.  
 
Gloor investigated the case and gathered a variety of evidence that showed Durst had, at the very least, been communicating with the teenage girl for some time.  
 
”He wasn’t supposed to be talking with minors at all,” Gloor said.
 
The girl told deputies the communication began last November, when Durst began “snap chatting” her — referring to a social media and photo-sharing application in which photos disappear a few seconds after users send them.
 
She said she did not know Durst before the “snap chats.” She told deputies she was “kind of” dating Durst for a brief time, although she pointed out that the relationship was not sexual. 
 
The girl said Durst then tried to take the relationship to another level and he was relentless in his pursuit of her — following her to work and other places, and he also bought a ring for the girl, the report said. 
 
On Jan. 27, after the girl finished her shift at her new job, she went to an Oak Harbor gas station to get gas, according to the report.  
 
Durst pulled up in an SUV and, because it was cold outside, asked her to get inside his vehicle so they could talk. The girl told Gloor she got inside the vehicle because she had talked to him before and she didn’t think there was any problem. 
 
The girl said Durst then forcibly raped her in the vehicle, the report said. The girl then told a friend about the incident, and they in turn contacted authorities.  
 
Investigators collected the girl’s clothes as evidence and sent them to the Ohio Bureau of Criminal Investigation, where employees determined there was seminal fluid on the garments. The fluid found on the girl’s clothes never underwent an analysis to determine if it was Durst’s DNA.
 
It’s entirely unclear why those tests were not conducted, as the prosecutor’s office did not return calls seeking comment.   
 
But there were multiple factors as to why Durst was not charged with rape, according to Gloor, such as the unclear nature of his relationship with the alleged victim.”Several witnesses said they were dating,” Gloor said. 
 
At no point in Gloor’s reports, however, does it appear any of those witnesses could say if the girl had sex with Durst prior to the Jan. 27 incident. The girl maintained she did not have sex with him.     
 
When the girl’s mother learned of the allegations, she demanded authorities arrest Durst and charge him with rape. For his part, Durst denied the allegations and said his DNA would not be found on the clothing. 
 
Gloor said she took about two months of sick leave for a medical procedure, and when she returned from sick leave the case was closed. 
 
In March, the Ottawa County prosecutor’s office charged Durst with the misdemeanor contributing offense — for his communications with the girl.  
 
The DNA evidence on the clothing was never tested to see if it matched to Durst. 
 
A Register reporter left multiple messages with the Ottawa County prosecutor’s office this week, but those messages went unreturned.
 
Durst’s parole officer, Hastings, said the prison term will run a bit short. Durst will reside in a halfway house for an unspecified amount of time after he’s released from prison in July. He’s currently in the Richland Correctional Institution.
 

Comments

Babo

Well for starters this happened in Oak Harbor in Ottawa County and there's a long history there of not taking sex crimes against children especially lower middle class children seriously. And of course Mulligan was probably too busy to be bothered with anything as unimportant as some girl who attends Oak Harbor schools claiming rape by a 25 year old convicted sex offender because he has that super important burglary case involving a kid peeking into the windows of Chris Redfern's house.

A student peers into the windows of Mulligan's close friend's house with its welcoming for sale signs and he is indicted for felony burglary in record time based on evidence created by the close friend.

A female student claims a 25 year old sex offender forcibly raped her in his car. Her allegations are supported with objective physical evidence which is identified as seminal fluid but not DNA tested. Nobody bothers to really pursue the case because the 25 year old sex offender "might" have been "dating" the Oak Harbor student/child.

"Dating" a CHILD in Ottawa County equals consent to intercourse under Mulligan's twisted view of the law so he charges the sex offender with a misdemeanor for contributing to the unruliness of a CHILD, rather than present the case to a grand jury for a felony rape count.

Ralph J.

The girl also told investigators the man raped her in January, although the Ottawa County prosecutor’s office never filed rape charges against him.

Ralph J.

It’s unclear why that decision was made, as county prosecutor Mark Mulligan did not return multiple phone messages seeking comment.

Ralph J.

The fluid found on the girl’s clothes never underwent an analysis to determine if it was Durst’s DNA. It’s entirely unclear why those tests were not conducted, as the prosecutor’s office did not return calls seeking comment.

Ralph J.

In March, the Ottawa County prosecutor’s office charged Durst with the misdemeanor contributing offense — for his communications with the girl.

Ralph J.

The DNA evidence on the clothing was never tested to see if it matched to Durst.

Ralph J.

A Register reporter left multiple messages with the Ottawa County prosecutor’s office this week, but those messages went unreturned.

Ralph J.

Go for it SR. Sell those newspapers in Ottawa County. Tell the truth to the people of Ottawa County.

Ralph J.

Instead, McClain Durst, 25, of Sandusky — who has a history of sexual misconduct against girls — was charged with contributing to the unruliness of a child.

reggiewhite92

What in the world could Mark Mulligan be doing that demands more attention than a juvenile rape case??? Sex offenses and violent offenses are the clear cut two major classifications that ANY prosecutor should willingly attack, let alone the prosecutor of a county of 40,000 who has only a handful of major cases each year.

It's sickening this guy makes $104,000 for doing nothing. And now a predator is destined to hit the streets again? Rehabilitation for a 3x offender? Mulligan should have to explain himself to the family of this guy's next victim

DGMutley

Nevermind the young lady claims Durst raped her and the contributing evidence, we'll charge him with a misdemeanor contributing offense — for his communications with her.

Yet, if I recall correctly, when it comes to young folks trying to investigate who sent a sexting pic, we'll charge them with sex and other related crimes for passing the pic around, putting black marks on their records for life.

Babo

Yes, it's how Mulligan does "business". Prosecute minor crimes against families with little power thereby ruining lives and helping to create new cogs for the drug and sex industries in Vacationland.

I note Durst was on probation from Erie County and convicted of sex crimes originally in Sandusky and Seneca counties. Anybody know his story? Who does he know and who are his relatives? Did he have any association with Attorney Dean Henry who seems to appear in many sex crimes cases involving exploitation of women and children and has political relationships with both Prosecutor Stierwalt and Prosecutor Mulligan.

SR please stay on this story and on Mulligan. It's yet another example of Mulligan's sexism and endorsement of violence against women and children by failing to prosecute and take concerns of mothers and children seriously.

If ever an issue needed to be raised in the judicial race in Ottawa County it is the sorry record of the Ottawa County prosecutor's office in prosecuting and obtaining convictions in crimes of violence against women and children and the double standard of justice. Both candidates (Judge Winters who is related to Mark Mulligan, and Lorraine Croy) were employed by Mulligan as assistant prosecutors and both reside in the Oak Harbor area.

reggiewhite92

Winters seems to be separate from the incestuous corrupt OC circle. After all, the officials out there want Croy as we know that's very rare for a challenger. He is related to Mulligan but I don't get the sense the two like each other. They seem more as political foes

Babo

I agree that Croy is heavily invested in the "incestuous corrupt OC circle" as Redfern would not have endorsed her in front of an incumbent Judge if that were not the case.

If Judge Winters and Mulligan do not like each other, it is a recent falling out. Any falling out is probably over the endorsement by Redfern of Croy and Mulligan's alleged abuse of power in bringing that indictment against the trespasser at best at the request of Redfern. Prior to this Judge Winters has been in lock step with all of them and was close to Mulligan.

Maybe he got his eyes opened. He could prove it by appointing a special prosecutor to review this case and Mulligan's alleged mishandling of the case and several others.

Mum-of-One

"But there were multiple factors as to why Durst was not charged with rape, according to Gloor, such as the unclear nature of his relationship with the alleged victim.”Several witnesses said they were dating,” Gloor said"

I think it is important to note that everyone has the right to say 'no' to sex on any occasion and under any circumstances, regardless of whether they've given consent to sex with that person in the past. Sex without consent is rape, whether it takes place within a marriage or any other kind of relationship.

Babo

You are 100% correct that sex without consent is rape. It is outrageous to me that the mother's concerns for her daughter and the girl's own statements to law enforcement were not taken seriously.

Mum-of-One

It is very important that a victim is given the benefit of belief at the very least otherwise she is re-victimized.

Babo

Ouch! Those are some unsightly pictures.

So he lives in Sandusky and will no doubt returning there after his short "vacation".