Dayton man wants to withdraw guilty plea in kidnapping, rape case

Credit: DaytonDailyNews

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James Cargle was scheduled to be sentenced today, now may go to trial

Credit: DaytonDailyNews

A Dayton man who had pleaded guilty to rape, kidnapping and assault and who was to be sentenced Wednesday wants to withdraw his plea and replace his attorney.

James Cargle, 30, had agreed to a plea deal with Montgomery County prosecutors and was to be sentenced from 10 to 15 years by Montgomery County Common Pleas Court Judge Richard Skelton.

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The charges stemmed from a November 2016 incident in which two women were kidnapped and assaulted and one jumped naked from the trunk of a moving car.

Defense attorney Anthony VanNoy — who negotiated the plea deal in a case in which consecutive sentences for the indicted charges could total 52 years — said his office was going to file a motion to withdraw as counsel.

VanNoy did say that an appointed attorney could provide Cargle with a second opinion and that Cargle could keep the plea deal.

Skelton did not rule on whether to rescind Cargle’s plea agreement, but instead scheduled a hearing for Nov. 2 to “see where things are at.”

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During Wednesday’s hearing, Skelton told Cargle he needed to realize the gravity of his request.

“As you sit here right now, you were about to be sentenced with a sentencing range of 10 to 15,” Skelton said. “Be careful for what you wish for.”

Cargle answered, “Yes,” when Skelton asked him if he understood.

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“I’m actually very surprised,” assistant prosecutor Hope Taylor said after the hearing. “The defendant entered a guilty plea, and we took him at his word, and that’s why we decided to bring the victim advocates to make statements on behalf of our victims.”

Two co-defendants — Jennifer Rice and Cassidy Lake — were to be sentenced Thursday, but court officials said that hearing will be continued.

One victim previously told this news organization that Cargle told the other co-defendants to “make (the victim) bleed or I’ll make you guys bleed.”

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