Federal sex indictment stems from Christmas party

Conviction would carry a maximum sentence of life in prison.

The allegation of a federal sex crime against former Butler County corrections officer Kyle R. Jordan stemmed from a Christmas party, his attorney said Friday.

Jordan, 31, was ordered by U.S. District Court Magistrate Judge Sharon Ovington to be detained without bond during his prosecution in what she called “a tough case for me.”

Jordan has been charged with one count of engaging in a sex act with a person “who was incapable of appraising the nature of the conduct,” according to documents filed in Dayton’s District Court.

Federal public defender Arthur Mullins said he doesn’t yet have discovery from prosecutors, but his understanding was that the Dec. 5-6, 2015, incident involved a woman identified as “Jane Doe” at a private residence allegedly after alcohol was consumed.

The indictment filed March 10 but unsealed Thursday alleged that Jordan "knowingly engaged and attempted to engage in a sexual act with another person, Jane Doe, who was incapable of appraising the nature of the conduct, and who was physically incapable of declining participating in, and communicating unwillingness to engage in, that sexual act."

A conviction of that federal law carries with it a maximum sentence of life in prison.

In arguing that Jordan should be on electronic home monitoring, Mullins said the Air Force veteran who served in two war zones has “lived an honorable life” and a “life of service.”

Mullins showed Ovington photos of Jordan with his family, many of whom were in the gallery. Mullins said it would be a “severe hardship” for Jordan to be away from his children aged 8 years old and 2 months old and his fiance.

Mullins said after eight years of decorated service and an honorable discharge from the military, Jordan trained to serve in law enforcement.

According to the Butler County Sheriff’s Office, Jordan had served as a full-time corrections officer between February 2014 and February 2015 before resigning.

Middletown Municipal Court records show Jordan was charged with operating a vehicle while intoxicated and a left-of-center traffic violation stemming from an incident filed in the court on Feb. 20, 2015, the same day he submitted his resignation to the sheriff’s office. Jordan pleaded to a lesser charge of reckless operation, and the OVI charge was dropped, according to court records.

In arguing for detention, assistant U.S. attorney Alex Sistla told Ovington that the allegation is a “crime of violence” and that Jordan may not have been completely truthful with pretrial services.

Jordan, who had been working in security, was arrested by the FBI on WPAFB a week ago. He is being held in the Shelby County Jail.