CHIPPEWA FALLS — A New Auburn man who pleaded guilty last fall to lesser charges in a sexual assault case from April 2017 was sentenced Friday to serve four months in jail.
Roger C. Robey, 28, 410 W. Dell St., pleaded guilty in November to lewd and lascivious behavior, theft and criminal damage to property in Chippewa County Court.
Charges of third-degree sexual assault, disorderly conduct, criminal damage to property and three counts of bail jumping were all dismissed.
Chippewa County District Attorney Wade Newell told Judge Steve Cray that Robey was also accused of a sexual assault in 2014, which led to him serving a year in jail. Given Robey’s past assault, and that this was another case of an unwanted sexual contact, jail time and probation was warranted. Newell requested six months in jail.
Defense attorney Kirby Harless said that Robey is not the same man he was when those incidents occurred. Robey has enrolled himself in treatment programs and has been sober for the past two years. Harless requested two years of probation for her client.
“He ended up relapsing on alcohol,” Harless told Cray. “Mr. Robey has a drinking problem, and he’s well aware of that.”
Harless noted that the matter was reduced from a sexual assault to a conviction of lewd and lascivious behavior.
“There were issues with the case, which is why we have the plea bargain in this case,” Harless said. “Mr. Robey is here having pled guilty and accepting responsibility.”
Robey spoke Friday before sentencing, where he admitted he was heavily intoxicated at the time of the incident, but he adamantly denied that a sexual assault occurred.
“I’ve done everything I can to change. I am actively in treatment,” Robey told Cray.
However, Cray ordered the jail sentence, along with two years of probation. Cray also ordered up to another two months in jail, at the discretion of the probation agent. Cray also ordered Robey to maintain absolute sobriety.
“These sort of acts have consequences,” Cray told Robey.
According to the criminal complaint, an officer was sent to a home on Wheaton Street in Chippewa Falls on April 21, 2017, after a report of a sexual assault. The officer spoke with a 33-year-old woman who said that Robey had sexually touched her.
In 2014, Robey was charged with second-degree sexual assault by force, but that charge was later dismissed. Robey was convicted of substantial battery and ordered to serve 60 days in jail, plus two years on probation. In that case, the victim said Robey pushed her down a flight of stairs, causing her to hit her head and lose consciousness. He also was accused of grabbing the woman in a sexual manner during the fight.
Robey’s fiancee spoke prior to Friday’s sentencing, telling Cray that she fears that if Robey is incarcerated, he will be influenced by people in the jail and could relapse, and it would negatively affect his sobriety.