A two-time sex offender, free on probation over objections from prosecutors and his last victim, is back in jail.
Kyle M. Motz, 33, of Morrow, was arrested on July 30 on an alleged probation violation. He remained in the Warren County Jail, awaiting a final hearing in Judge Donald Oda II’s court.
On Jan. 16, Oda released Motz from the jail, where he had been held since Dec. 25, having downloaded 56 sexually explicit pornographic images, in violation of the terms of his probation.
“How many chances does this man get?” the victim asked during a January hearing.
Motz was convicted of sexual imposition in 2014 in Lebanon Municipal Court.
Warren County jail records indicate he was arrested in March 2014 and returned to the county jail in August 2015 for a probation violation.
His county jail record also includes stays in 2012 for menacing, resisting arrest, disorderly conduct, possession of drugs and drug paraphernalia, as well as patient endangerment, and 2004 for domestic violence and criminal damaging.
In July 2017, the victim in the current case, while using the Little Miami Scenic Trail to practice for a triathlon, was grabbed by Motz, who lunged from the brush with his pants down. She was able to break free and run back to her car.
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Motz was arrested three months later on a DNA match with clothing the victim was wearing at the time of the attack.
In February, he pleaded guilty to gross sexual imposition and faced up to 18 months in prison.
Assistant County Prosecutor Carrie Heisele urged Oda to send Motz, who has already served 300 days in jail in the case, to prison for the balance of the prison term.
Instead Oda ordered Motz to complete an in-patient treatment program before returning to the community on probation. Motz was also designated a Tier II sex offender.
Oda also ordered Motz to undergo more intensive monitoring by probation and mental health treatment, but released him from jail with 60 days on electronic monitoring.
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Oda also ordered Motz to obey a curfew and serve 10 days a month on litter pickup, less as punishment but rather “to give you something to do”.
Oda said he hoped Motz could learn to control his behavior rather than coming out of prison “worse than when you went in.”
The victim had urged the judge - if planning to allow Motz to remain the area - to force him to move after seeing him around the small town where they both live.
Oda indicated he hesitated to force Motz to move, due to concerns this could drive him to go on the run or commit another sexual assault.
Motz indicated he was benefiting from treatment, before downloading the porn on Christmas.
“I’ve been making enormous progress,” Motz said during a Jan. 3 hearing. “I don’t know what the reason was, I got off track.”
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On July 31, Motz was jailed after his probation officer learned Motz “had been unsuccessfully terminated” from a treatment program he was attending, according to court records.
On Aug. 2, Oda ruled Motz violated his probation.
Lawyer Maxwell Kinman has been appointed to represent Motz.
The final hearing has not been scheduled.
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