CLARION - A Vowinckel man originally charged with rape by forcible compulsion, a first-degree felony entered a plea to a lesser charge during a Sept. 22 session of Clarion County court.
Brian Patrick Desjardin, 42, had initially rejected a plea deal and opted for a jury trial but, one half-hour before his jury trial was to begin he entered a guilty plea to two charges.
Desjardin entered a guilty plea to one count of strangulation, a second-degree felony and one count of indecent assault, a first-degree misdemeanor.
On the strangulation charge Clarion County Court of Common Pleas Judge Sara Seidel-Patton sentenced Desjardin to serve up to two years in the Clarion County Jail. He was given credit for the 239 days he has already served on house arrest.
For the indecent assault charge, Desjardin was sentenced to serve two years on probation after he completes his jail sentence.
He is to have no contact with the victim and must register as a sex offender. He will also receive counseling. He must pay all costs of and a supervision fee.
Prior to his sentencing Desjardin requested a 30-day delay in starting his sentence so he could help his employer with a major project.
The judge told him it was “time to bring your case to a close.”
Desjardin was initially charged with: criminal attempted rape, strangulation, aggravated indecent assault without consent, simple assault, indecent assault and harassment.
The charges stem from an incident that occurred at a Fulmer Drive residence in Farmington Township.
According to a criminal complaint, state police responded to a report of a domestic incident in progress around 7:42 a.m. May 28, 2020.
The victim reported Desjardin began calling her names earlier in the morning and then attempted to have sexual intercourse with her without her consent. The victim reported Desjardin then attempted to attack her, and she fled up the stairs to get away from him and tried to call a family member.
The victim said the altercation then continued when she went back downstairs and Desjardin forcefully threw her on the mattress and attempted to engage in sexual intercourse with her. Desjardin then placed his right hand around her neck with his thumb applying pressure to her throat, making it hard for her to breathe.
The victim stated Desjardin then placed a pillow over her face and performed a sex act on himself while on top of her, according to the complaint.
The victim did not consent to any of the sexual acts by Desjardin.