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Sex assault charges move forward in wake of preliminary hearing

A contentious and emotional preliminary hearing has resulted in charges moving ahead against a former Youngsville resident who faces a slate of sexual assault charges against a child.

Jonathan G. Upton, 43, was bound over by District Judge Raymond Zydonik during the hearing which was held Wednesday in a full Courtroom B in the basement of the Warren County Courthouse.

The alleged victim, now 19 years old, was first to take the stand on Wednesday.

“I know this is difficult,” District Attorney Rob Greene said, before asking her to state what happened.

His question was met with long silences from the victim, with Green then posing the question in different ways. Eventually, the woman said Upton allegedly forced her into oral sex.

Police were contacted by the victim and her mother back in March, who reported that the victim was allegedly assaulted by Upton between the ages of four and six at Upton’s East Main Street, Youngsville, residence in 2010 and 2011, according to an affidavit of probable cause filed in the case.

During an interview, the victim first detailed mental and physical abuse perpetrated by Upton.

“She described how (Upton) would make (her) climb inside the washing machine, close the lid and threaten to turn the washing machine on if she attempted to get out,” the affidavit alleges.

Upton also allegedly forced her and her younger brother into dog crates as well as forced her to walk with “loaded foothold traps used on animals placed on her feet.”

“The victim was instructed by (Upton) to place a leather belt around her younger brothers while he was sleeping and choke him,” the affidavit alleges. “She refused to do it.”

She also told authorities that Upton would allegedly make her eat hot dogs, she would throw up “and he would make her eat the vomit.”

The victim then described instances of sexual assault “on several occasions” which included Upton assaulting her and her brother as well as forced oral sex and viewing of pornography.

The affidavit alleges that Upton “threatened to kill her and her brother if she ever told anyone about the abuse,” specifically threatening her with martial arts swords and telling her he would “make your mother watch too.”

Upton’s counsel, Justin Smith, asked about the family situation when the incidents occurred, where they lived, etc.

Greene called some of those questions “ridiculous.”

Smith argued that age matters to the charges.

“How does she know she was six (years old)?” he asked. “The District Attorney’s office asked the same question 78 times.”

Smith then asked about how the allegation was made to Youngsville police.

“I talked to my mom and we went to the station,” the victim testified, reporting that she told police that she had information about the Upton case.

Upton is currently being held at the state correctional institution in Albion on similar charges from a 2015 conviction, online court records show, that include a 120 month to 240 month sentence.

Smith asked how she knew about that case.

“The whole town knows about it,” the victim testified. “It’s common knowledge.”

In closing, Smith argued that about half of the charges should be dismissed because there was no testimony to support charges that require oral penetration as well as others that require a course of conduct.

“I’m not sure what hearing he was at,” Greene said during his closing.

Zydonik said that “at a minimum” there was sufficient evidence for a prima facia case.

A prima facia case is the burden of proof at a preliminary hearing — that it’s likely that a crime was committed and that a defendant likely committed those crimes.

Zydonik said that all of the charges would be found over to the Court of Common Pleas.

He faces charges of statutory sexual assault, six counts of involuntary deviate sexual intercourse, sexual assault, four counts of aggravated indecent assault, three counts of indecent assault, four counts of corruption of minors, three counts of endangering the welfare of children and terroristic threats.

He’s listed as a sexually violent predator, which means he has lifetime registration requirements under Megan’s Law.

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