A Warren man who sought to withdraw his guilty plea has changed his mind.

Jacob Joseph Scalise, 26, 9 Warren Blvd., originally pled in April to a count of indecent assault person unconscious.

Charges including rape unconscious victim, involuntary deviate sexual intercourse person unconscious and sexual assault were not prosecuted in exchange for the plea.

Police were contacted last October by a 26-year-old male victim “reporting an incident that had occurred around (3 a.m. to 4:30 a.m.)” the previous night, according to the affidavit of probable cause.

The victim told police that Scalise had been staying with him at the residence, along with the victim’s fiancee and their two children.

He told police that he awoke between 4 and 4:15 a.m. that morning to find Scalise performing oral sex on him.

The victim, police explained, knew that Scalise was gay but “thought he had made it very clear and easy for (Scalise) to understand that the is not gay,” according to the affidavit, and also told police that he had never spoken to (Scalise) about having a physical relationship with him, never talked about that issue and did not know why (Scalise) would have performed oral sex on him.”

Police interviewed the victim’s fiancee, who said that “she had suspicions about the way (Scalise) was acting that morning. She said she set up a camera, which caught the incident on tape, thinking that Scalise may have been “stealing from them or going through their stuff.” She told police she had a “gut feeling” something was wrong but did not know what Scalise was doing.

Scalise’s attorney, Henry Borger, said during a Wednesday proceeding before President Judge Maureen Skerda that Scalise wished to withdraw his motion aimed at withdrawing his guilty plea.

Borger told the court that the day before Scalise was to be sentenced Scalise informed him of a conversation he had with the victim that amounted to Scalise believing that the encounter was consensual.

Borger added that it was against his advice to file the motion to withdraw because the two different stories would pose a problem at trial but wanted to file the motion anyway; however, Borger told the court that Scalise has since reviewed the evidence in the case.

Skerda asked Scalise to, in his own words, explain why he wanted to withdrawn the motion.

“I feel it would probably be in my best interest,” Scalise said, indicating he did not want to “risk losing what I have.”

Skerda then asked him if he no longer wished to assert his innocence.

“That is correct, your honor,” he replied.

Skerda then granted the motion to withdraw the motion to withdraw plea and said Scalise’s case would be placed on her next sentence court list.