A Sandusky man who was caught in the act by his sexual assault victim's son will not be serving jail time for his crimes.
Timothy McClinton, 32, of the 1400 block of Judy Lane, will instead be serving four years of community-controlled sanctions, according to court documents.
In mid-August, McClinton and a woman returned to her Pearl Street home after a night of drinking and the heavily-intoxicated woman passed out in bed a short while later.
Noticing the front door ajar, and thinking that his mother's guest had left for the night, the woman's 14-year-old son looked in on her to make sure she was alright, Sandusky police Detective Dana Newell said at the time.
When the boy peered inside his mother's room, he found McClinton in the act of assaulting her.
The boy kicked McClinton out and alerted a family member, who later confronted McClinton on the street, Newell said.
McClinton then retrieved a gun, returned to the Pearl Street home and allegedly fired off a few rounds when the boy refused to let him in.
Sandusky police charged McClinton with rape a few days later, but he was never arrested on weapons charges.
An Erie County grand jury later saw fit to drop the rape charge and indict McClinton for attempted rape and attempted burglary instead.
He accepted a deal in late March, agreeing to plead guilty to one fourth-degree felony count of attempted gross sexual imposition.
At McClinton's sentencing hearing on Thursday, his defense attorney, Chris Carroll, asked Erie County Common Pleas Court Judge Roger Binette for leniency, citing a variety of factors.
McClinton has a minimal prior record, Carroll argued, and both he and the victim have different versions of the events that August night.
Carroll mentioned that both were drinking— the woman, heavily.
He also commented on the fact McClinton's wife was present at every court hearing.
Assistant Erie County prosecutor Aaron Lindsey, while satisfied with the community-controlled sanctions, did say McClinton's lack of remorse stood out.
“(There was) serious psychological injury to the victim and her son. The son of the victim walking in and seeing that is easily going to stay with him for the rest of his life,” Lindsey said.
Under his newly imposed sanctions, McClinton will undergo intensive-supervision probation, attend substance-abuse treatment with a special focus on sexual assault and must submit to random drug testing.
He'll also be considered a Tier I sex offender and be required to register as such.
If he violates the terms of his sanctions, McClinton could serve 17 months in prison.