A two-time sex offender who violated his probation by downloading 56 sexually explicit pornographic images was released from jail Wednesday, despite objections from the victim of his 2017 attack.
Kyle Motz, 33, of Morrow, had been back in the Warren County Jail since Dec. 26, when he admitted downloading the images onto his cellphone.
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“How many chances does this man get?” the victim asked during Wednesday’s hearing.
Previously, she urged Judge Donald Oda II to force Motz to move after seeing him around the small town where they both live.
In July 2014, Motz was convicted of sexual imposition in Warren County.
In July 2017, the victim in the current case, who was using the 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, the Ohio Department of Natural Resources investigative report shows.
In February, he pleaded guilty to gross sexual imposition and faced up to 18 months in prison.
Instead of sending Motz to prison, Warren County Judge Donald Oda II sentenced him to complete an in-patient treatment program before returning to the community on probation. Motz was also designated a Tier II sex offender.
At the hearing, Oda 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 warned Motz to stay away from the victim and the trail that runs from Springfield to Loveland along the Little Miami River.
Assistant County Prosecutor Carrie Heisele urged Oda to send Motz to prison for the balance of an 18-month sentence.
Motz has already served 300 days in jail.
But Oda said he would continue to manage Motz’s case locally, rather than send him back to prison, after which he would “almost no restrictions.”
He barred him from use of a cellphone or access to the internet.
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Motz said he was about to enroll in a truck-driving course and would explore relocation to satisfy the victim’s complaints.
“I would say that’s wise,” Oda said.
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